On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human

Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."

PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

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Article 1.

All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. ^ Top

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. ^ Top

Article 3.

Everyone has the right to life, liberty and security of person. ^ Top

Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. ^ Top

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. ^ Top

Article 6.

Everyone has the right to recognition everywhere as a person before the law. ^ Top

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. ^ Top

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. ^ Top

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile. ^ Top

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. ^ Top

Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. ^ Top

have the right to marry and to found a family. ^ Top Article 15. (2) Everyone has the right to leave any country. ^ Top Article 16. • • • (1) Men and women of full age.Article 12. . and to return to his country. during marriage and at its dissolution. home or correspondence. nor to attacks upon his honour and reputation. They are entitled to equal rights as to marriage. (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. ^ Top Article 14. • • (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution. (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. • No one shall be subjected to arbitrary interference with his privacy. family. (2) This right may not be invoked in the case of prosecutions genuinely arising from nonpolitical crimes or from acts contrary to the purposes and principles of the United Nations. nationality or religion. • • (1) Everyone has the right to freedom of movement and residence within the borders of each state. without any limitation due to race. Everyone has the right to the protection of the law against such interference or attacks. • • (1) Everyone has the right to a nationality. (2) Marriage shall be entered into only with the free and full consent of the intending spouses. ^ Top Article 13. including his own.

^ Top Article 17. practice. worship and observance. to manifest his religion or belief in teaching. ^ Top Article 20. ^ Top . ^ Top Article 18. • • (1) Everyone has the right to own property alone as well as in association with others. conscience and religion. receive and impart information and ideas through any media and regardless of frontiers. ^ Top Article 19. • • • (1) Everyone has the right to take part in the government of his country. • Everyone has the right to freedom of opinion and expression. (2) No one may be compelled to belong to an association. • Everyone has the right to freedom of thought. either alone or in community with others and in public or private. this right includes freedom to change his religion or belief. this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. (2) No one shall be arbitrarily deprived of his property. (3) The will of the people shall be the basis of the authority of government. (2) Everyone has the right of equal access to public service in his country. this right includes freedom to hold opinions without interference and to seek. ^ Top Article 21. • • (1) Everyone has the right to freedom of peaceful assembly and association. directly or through freely chosen representatives. and freedom.

(2) Motherhood and childhood are entitled to special care and assistance. if necessary. All children. • • • • (1) Everyone has the right to work. (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity. old age or other lack of livelihood in circumstances beyond his control. of the economic. and the right to security in the event of unemployment.Article 22. at least in the elementary and fundamental stages. whether born in or out of wedlock. Education shall be free. has the right to equal pay for equal work. by other means of social protection. sickness. social and cultural rights indispensable for his dignity and the free development of his personality. • Everyone. disability. as a member of society. shall enjoy the same social protection. ^ Top Article 25. ^ Top Article 23. • • (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family. through national effort and international co-operation and in accordance with the organization and resources of each State. ^ Top Article 26. Elementary education shall be compulsory. Technical and . ^ Top Article 24. to free choice of employment. clothing. (4) Everyone has the right to form and to join trade unions for the protection of his interests. to just and favourable conditions of work and to protection against unemployment. • Everyone has the right to rest and leisure. (2) Everyone. including food. • (1) Everyone has the right to education. without any discrimination. including reasonable limitation of working hours and periodic holidays with pay. has the right to social security and is entitled to realization. housing and medical care and necessary social services. and supplemented. widowhood.

• • (1) Everyone has the right freely to participate in the cultural life of the community. • Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. racial or religious groups. ^ Top Article 29. and shall further the activities of the United Nations for the maintenance of peace. • • • (1) Everyone has duties to the community in which alone the free and full development of his personality is possible. public order and the general welfare in a democratic society. (3) Parents have a prior right to choose the kind of education that shall be given to their children. (2) In the exercise of his rights and freedoms. tolerance and friendship among all nations. ^ Top Article 28. to enjoy the arts and to share in scientific advancement and its benefits. (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality. (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific.• • professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. . literary or artistic production of which he is the author. group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein. • Nothing in this Declaration may be interpreted as implying for any State. It shall promote understanding. ^ Top Article 30. ^ Top Article 27.

human rights and fundamental freedoms for all. Reaffirming their commitment to the purposes and principles contained in the Charter of the United Nations and the Universal Declaration of Human Rights. and observance of. Recognizing and affirming that all human rights derive from the dignity and worth inherent in the human person. placing proper emphasis on developing effective international cooperation for the realization of the purposes set out in Article 55. 14-25 June 1993 VIENNA DECLARATION AND PROGRAMME OF ACTION Note by the secretariat Attached is the text of the Vienna Declaration and Programme of Action. and consequently should be the principal beneficiary and should participate actively in the realization of these rights and freedoms. Considering that the promotion and protection of human rights is a matter of priority for the international community. in a just and balanced manner. and that the human person is the central subject of human rights and fundamental freedoms. including universal respect for. as adopted by the World Conference on Human Rights on 25 June 1993. VIENNA DECLARATION AND PROGRAMME OF ACTION The World Conference on Human Rights. .WORLD CONFERENCE ON HUMAN RIGHTS Vienna. in order to enhance and thus promote a fuller observance of those rights. and that the Conference affords a unique opportunity to carry out a comprehensive analysis of the international human rights system and of the machinery for the protection of human rights. Reaffirming the commitment contained in Article 56 of the Charter of the United Nations to take joint and separate action.

and to employ international machinery for the promotion of the economic and social advancement of all peoples. Having taken into account the Declarations adopted by the three regional meetings at Tunis. is the source of inspiration and has been the basis for the United Nations in making advances in standard setting as contained in the existing international human rights instruments. to which women continue to be exposed all over the world. to establish conditions under which justice and respect for obligations arising from treaties and other sources of international law can be maintained. Deeply concerned by various forms of discrimination and violence. better standards of living and solidarity. Emphasizing that the Universal Declaration of Human Rights. development. San José and Bangkok and the contributions made by Governments. Welcoming the International Year of the World's Indigenous People 1993 as a reaffirmation of the commitment of the international community to ensure their enjoyment of all human rights and fundamental freedoms and to respect the value and diversity of their cultures and identities. to promote social progress and better standards of life in larger freedom.Emphasizing the responsibilities of all States. in conformity with the Charter of the United Nations. in particular the determination to reaffirm faith in fundamental human rights. in the dignity and worth of the human person. Recalling the Preamble to the Charter of the United Nations. to develop and encourage respect for human rights and fundamental freedoms for all. language or religion. and in the equal rights of men and women and of nations large and small. as well as the studies prepared by independent experts during the preparatory process leading to the World Conference on Human Rights. including promoting and encouraging respect for human rights and fundamental freedoms for all and respect for the principle of equal rights and self -determination of peoples. to practice tolerance and good neighbourliness. Recalling also the determination expressed in the Preamble of the Charter of the United Nations to save succeeding generations from the scourge of war. equality. rule of law. justice. sex. Recognizing that the activities of the United Nations in the field of human rights should be rationalized and enhanced in order to strengthen the United Nations machinery in this field and to further the objectives of universal respect for observance of international human rights standards. and bearing in mind the suggestions made by intergovernmental and non-governmental organizations. in particular the International Covenant on Civil and Political Rights and the International Covenant on Economic. Social and Cultural Rights. pluralism. which constitutes a common standard of achievement for all peoples and all nations. Considering the major changes taking place on the international scene and the aspirations of all the peoples for an international order based on the principles enshrined in the Charter of the United Nations. without distinction as to race. democracy. . peace.

to realize their inalienable right of self-determination. and observance and protection of. in accordance with the Charter of the United Nations. In accordance with the Declaration on Principles of International Law concerning Friendly Relations and Cooperation Among States in accordance with the Charter of the United Nations. this shall not be construed as authorizing or encouraging any action which would dismember or impair. The World Conference on Human Rights considers the denial of the right of self-determination as a violation of human rights and underlines the importance of the effective realization of this right. and international law.Recognizing also that the international community should devise ways and means to remove the current obstacles and meet challenges to the full realization of all human rights and to prevent the continuation of human rights violations resulting thereof throughout the world. Invoking the spirit of our age and the realities of our time which call upon the peoples of the world and all States Members of the United Nations to rededicate themselves to the global task of promoting and protecting all human rights and fundamental freedoms so as to secure full and universal enjoyment of these rights. totally or in part. other instruments relating to human rights. By virtue of that right they freely determine their political status. The universal nature of these rights and freedoms is beyond question. Taking into account the particular situation of peoples under colonial or other forms of alien domination or foreign occupation. 2. In this framework. the World Conference on Human Rights recognizes the right of peoples to take any legitimate action. the territorial integrity or political unity of sovereign and independent States conducting themselves in compliance with the principle of equal rights and self- . All peoples have the right of self-determination. The World Conference on Human Rights reaffirms the solemn commitment of all States to fulfil their obligations to promote universal respect for. Solemnly adopts the Vienna Declaration and Programme of Action. their protection and promotion is the first responsibility of Governments. enhancement of international cooperation in the field of human rights is essential for the full achievement of the purposes of the United Nations. social and cultural development. Human rights and fundamental freedoms are the birthright of all human beings. Determined to take new steps forward in the commitment of the international community with a view to achieving substantial progress in human rights endeavours by an increased and sustained effort of international cooperation and solidarity. and freely pursue their economic. all human rights and fundamental freedoms for all in accordance with the Charter of the United Nations. I 1.

3. regardless of their political.determination of peoples and thus possessed of a Government representing the whole people belonging to the territory without distinction of any kind. economic. development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing. The World Conference on Human Rights reaffirms that least developed countries committed to the process of democratization and economic reforms. In the framework of these purposes and principles. in particular the purpose of international cooperation. human rights and fundamental freedoms for all. While the significance of national and regional particularities and various historical. The efforts of the United Nations system towards the universal respect for. the promotion and protection of all human rights is a legitimate concern of the international community. The processes of promoting and protecting human rights should be conducted in conformity with the purposes and principles of the Charter of the United Nations. 7. and other applicable norms of humanitarian law. and effective legal protection against the violation of their human rights should be provided. Democracy. and with the same emphasis. Democracy is based on the freely expressed will of the people to determine their own political. cultural and religious backgrounds must be borne in mind. The international community should support the strengthening and promoting of democracy. indivisible and interdependent and interrelated. many of which are in Africa. development and respect for human rights and fundamental freedoms in the entire world. should be . economic and cultural systems. the promotion and protection of human rights and fundamental freedoms at the national and international levels should be universal and conducted without conditions attached. and observance of. to promote and protect all human rights and fundamental freedoms. 5. of 14 August 1949. 8. The international community must treat human rights globally in a fair and equal manner. particularly the Geneva Convention relative to the Protection of Civilian Persons in Time of War. it is the duty of States. and to improved conditions for peace and security as well as social and economic development. The promotion and protection of all human rights and fundamental freedoms must be considered as a priority objective of the United Nations in accordance with its purposes and principles. in conformity with the Charter of the United Nations. 4. on the same footing. and international law. contribute to the stability and well-being necessary for peaceful and friendly relations among nations. Effective international measures to guarantee and monitor the implementation of human rights standards should be taken in respect of people under foreign occupation. In the context of the above. All human rights are universal. in accordance with human rights norms and international law. The organs and specialized agencies related to human rights should therefore further enhance the coordination of their activities based on the consistent and objective application of international human rights instruments. 9. social and cultural systems and their full participation in all aspects of their lives. 6.

to create favourable conditions at the national. as established in the Declaration on the Right to Development. in cooperation with nongovernmental organizations. regional and international levels to ensure the full and effective enjoyment of human rights. States should . as a universal and inalienable right and an integral part of fundamental human rights. The World Conference on Human Rights notes that certain advances. The World Conference on Human Rights recognizes that illicit dumping of toxic and dangerous substances and waste potentially constitutes a serious threat to the human rights to life and health of everyone.supported by the international community in order to succeed in their transition to democracy and economic development. the World Conference on Human Rights calls on all States to adopt and vigorously implement existing conventions relating to the dumping of toxic and dangerous products and waste and to cooperate in the prevention of illicit dumping. 10. While development facilitates the enjoyment of all human rights. The World Conference on Human Rights calls upon the international community to make all efforts to help alleviate the external debt burden of developing countries. As stated in the Declaration on the Right to Development. social and cultural rights of their people. and calls for international cooperation to ensure that human rights and dignity are fully respected in this area of universal concern 12. Lasting progress towards the implementation of the right to development requires effective development policies at the national level. There is a need for States and international organizations. Consequently. 11. States should cooperate with each other in ensuring development and eliminating obstacles to development. in order to supplement the efforts of the Governments of such countries to attain the full realization of the economic. may have potentially adverse consequences for the integrity. The right to development should be fulfilled so as to meet equitably the developmental and environmental needs of present and future generations. Everyone has the right to enjoy the benefits of scientific progress and its applications. notably in the biomedical and life sciences as well as in information technology. the lack of development may not be invoked to justify the abridgement of internationally recognized human rights. The World Conference on Human Rights reaffirms the right to development. the human person is the central subject of development. dignity and human rights of the individual. 13. as well as equitable economic relations and a favourable economic environment at the international level. The international community should promote an effective international cooperation for the realization of the right to development and the elimination of obstacles to development.

and the eradication of all forms of discrimination on grounds of sex are priority objectives of the international community. The World Conference on Human Rights welcomes the progress made in dismantling apartheid and calls upon the international community and the United Nations system to assist in this process. institutions. including the promotion of all human rights instruments relating to women. integral and indivisible part of universal human rights. intergovernmental and non-governmental organizations and individuals are urged to intensify their efforts in cooperating and coordinating their activities against these evils. The speedy and comprehensive elimination of all forms of racism and racial discrimination. methods and practices of terrorism in all its forms and manifestations as well as linkage in some countries to drug trafficking are activities aimed at the destruction of human rights. 15. 14. Respect for human rights and for fundamental freedoms without distinction of any kind is a fundamental rule of international human rights law. institutions. economic. fundamental freedoms and democracy. xenophobia and related intolerance is a priority task for the international community. Gender-based violence and all forms of sexual harassment and exploitation. Groups. safe maternity and health care. security of States and destabilizing legitimately constituted Governments. and must be eliminated. at the national. including those resulting from cultural prejudice and international trafficking. its immediate alleviation and eventual elimination must remain a high priority for the international community. This can be achieved by legal measures and through national action and international cooperation in such fields as economic and social development. The international community should take the necessary steps to enhance cooperation to prevent and combat terrorism. 18. The existence of widespread extreme poverty inhibits the full and effective enjoyment of human rights. 17. The full and equal participation of women in political. The World Conference on Human Rights also deplores the continuing acts of violence aimed at undermining the quest for a peaceful dismantling of apartheid. education. social and cultural life. civil. The acts. The human rights of women and of the girl-child are an inalienable. 16.eliminate all violations of human rights and their causes. are incompatible with the dignity and worth of the human person. The human rights of women should form an integral part of the United Nations human rights activities. The World Conference on Human Rights urges Governments. threatening territorial integrity. as well as obstacles to the enjoyment of these rights. intergovernmental and non-governmental organizations to intensify their efforts for the protection and promotion of . Governments should take effective measures to prevent and combat them. regional and international levels. and social support.

International cooperation and solidarity should be promoted to support the implementation of the Convention and the rights of the child should be a priority in the United Nations system-wide action on human rights. The persons belonging to minorities have the right to enjoy their own culture. as well as children victims of famine and drought and other emergencies. 19. States should ensure the full and free participation of indigenous people in all aspects of society. children in detention. and recognize the value and diversity of their distinct identities. on the basis of equality and non-discrimination. refugee and displaced children. child prostitution or sale of organs. Religious and Linguistic Minorities. In all actions concerning children. administrative and other measures and the allocation to the maximum extent of the available resources.human rights of women and the girl-child. in particular. children victims of diseases including acquired immunodeficiency syndrome. and the contribution of such promotion and protection to the political and social stability of the States in which such people live. in accordance with international law. . welcoming the early ratification of the Convention on the Rights of the Child by a large number of States and noting the recognition of the human rights of children in the World Declaration on the Survival. Protection and Development of Children and Plan of Action adopted by the World Summit for Children. National and international mechanisms and programmes should be strengthened for the defence and protection of children. including through child pornography. freely and without interference or any form of discrimination. to profess and practise their own religion and to use their own language in private and in public. Considering the importance of the promotion and protection of the rights of indigenous people. 20. nondiscrimination and the best interest of the child should be primary considerations and the views of the child given due weight. The World Conference on Human Rights recognizes the inherent dignity and the unique contribution of indigenous people to the development and plurality of society and strongly reaffirms the commitment of the international community to their economic. economically and sexually exploited children. The World Conference on Human Rights. the girl-child. children in armed conflict. cultures and social organization. Considering the importance of the promotion and protection of the rights of persons belonging to minorities and the contribution of such promotion and protection to the political and social stability of the States in which such persons live. take concerted positive steps to ensure respect for all human rights and fundamental freedoms of indigenous people. The World Conference on Human Rights reaffirms the obligation of States to ensure that persons belonging to minorities may exercise fully and effectively all human rights and fundamental freedoms without any discrimination and in full equality before the law in accordance with the Declaration on the Rights of Persons Belonging to National or Ethnic. States should. urges universal ratification of the Convention by 1995 and its effective implementation by States parties through the adoption of all the necessary legislative. abandoned children. street children. 21. social and cultural well-being and their enjoyment of the fruits of sustainable development. in particular in matters of concern to them.

is entitled to the right to seek and to enjoy in other countries asylum from persecution. including solutions such as those adopted by the international refugee conferences. including in armed conflicts. The World Conference on Human Rights recognizes that. In this respect it stresses the importance of the Universal Declaration of Human Rights. bearing in mind the mandate of the United Nations High Commissioner for Refugees. the World Conference on Human Rights further emphasizes the importance of and the need for humanitarian assistance to victims of all natural and man-made disasters. The World Conference on Human Rights reaffirms that everyone. its 1967 Protocol and regional instruments. primarily through the preferred solution of dignified and safe voluntary repatriation. This should include the development of strategies to address the root causes and effects of movements of refugees and other displaced persons.The World Conference on Human Rights also stresses that the child for the full and harmonious development of his or her personality should grow up in a family environment which accordingly merits broader protection. as well as the achievement of durable solutions. . and the equal enjoyment of all human rights and fundamental freedoms by disabled persons. In the light of the comprehensive approach. The World Conference on Human Rights recognizes that gross violations of human rights. the strengthening of emergency preparedness and response mechanisms. particularly as they relate to the countries of origin. relevant international instruments and international solidarity and in the spirit of burden-sharing. In accordance with the Charter of the United Nations and the principles of humanitarian law. bearing in mind the special needs of women and children. without distinction of any kind. the World Conference on Human Rights emphasizes the importance of giving special attention including through intergovernmental and humanitarian organizations and finding lasting solutions to questions related to internally displaced persons including their voluntary and safe return and rehabilitation. 22. The World Conference on Human Rights underlines the responsibilities of States. in view of the complexities of the global refugee crisis and in accordance with the Charter of the United Nations. are among the multiple and complex factors leading to displacement of people. as well as the right to return to one's own country. and to the Office of the United Nations High Commissioner for Refugees for its dedication to its task. 23. the provision of effective protection and assistance. including their active participation in all aspects of society. It expresses its appreciation to States that continue to admit and host large numbers of refugees in their territories. the 1951 Convention relating to the Status of Refugees. It also expresses its appreciation to the United Nations Relief and Works Agency for Palestine Refugees in the Near East. a comprehensive approach by the international community is needed in coordination and cooperation with the countries concerned and relevant organizations. Special attention needs to be paid to ensuring non-discrimination.

The World Conference on Human Rights expresses grave concern about continuing human rights violations in all parts of the world in disregard of standards as contained in international human rights instruments and international humanitarian law and about the lack of sufficient and effective remedies for the victims. including law enforcement and prosecutorial agencies and. especially. and an increased level of both technical and financial assistance should be provided by the international community. In this context.24. all States are encouraged to avoid. 27. 28. and the strengthening and more effective implementation of existing human rights instruments. an independent judiciary and legal profession in full conformity with applicable standards contained in international human rights instruments. the promotion of human rights and efforts to combat extreme poverty. the resort to reservations. It is incumbent upon the United Nations to make use of special programmes of advisory services on a priority basis for the achievement of a strong and independent administration of justice. and to put an end to extreme poverty and social exclusion and to promote the enjoyment of the fruits of social progress. including those related to the problem of development. the elimination of all forms of discrimination against them. The World Conference on Human Rights affirms that extreme poverty and social exclusion constitute a violation of human dignity and that urgent steps are necessary to achieve better knowledge of extreme poverty and its causes. 25. "ethnic cleansing" and systematic rape of women in war situations. in order to promote the human rights of the poorest. . While strongly condemning such abhorrent practices it reiterates the call that perpetrators of such crimes be punished and such practices immediately stopped. as far as possible. The administration of justice. and urges the universal ratification of human rights treaties. Every State should provide an effective framework of remedies to redress human rights grievances or violations. in particular in the fields of education. States have an obligation to create and maintain adequate measures at the national level. which is a dynamic and evolving process. are essential to the full and non-discriminatory realization of human rights and indispensable to the processes of democracy and sustainable development. Great importance must be given to the promotion and protection of the human rights of persons belonging to groups which have been rendered vulnerable. including migrant workers. The World Conference on Human Rights welcomes the progress made in the codification of human rights instruments. for the promotion and protection of the rights of persons in vulnerable sectors of their populations and to ensure the participation of those among them who are interested in finding a solution to their own problems. It is essential for States to foster participation by the poorest people in the decision-making process by the community in which they live. 26. health and social support. institutions concerned with the administration of justice should be properly funded. All States are encouraged to accede to these international instruments. The World Conference on Human Rights expresses its dismay at massive violations of human rights especially in the form of genocide. creating mass exodus of refugees and displaced persons. 29.

arbitrary detentions. housing and the necessary social services. summary and arbitrary executions. The Conference therefore calls upon States and all parties to armed conflicts strictly to observe international humanitarian law. inhuman and degrading treatment or punishment. as set forth in the Geneva Conventions of 1949 and other rules and principles of international law. all forms of racism. The World Conference on Human Rights affirms that food should not be used as a tool for political pressure. social and cultural rights. Such violations and obstacles include. racial discrimination and apartheid. as laid down in international conventions. religious intolerance. The World Conference on Human Rights also expresses its dismay and condemnation that gross and systematic violations and situations that constitute serious obstacles to the full enjoyment of all human rights continue to occur in different parts of the world. children. tolerance. to ensure that education is aimed at strengthening the respect of human rights and fundamental freedoms. The World Conference on Human Rights reaffirms the importance of ensuring the universality. especially women. The World Conference on Human Rights reaffirms the right of the victims to be assisted by humanitarian organizations. play an important role in the promotion and respect of human rights with regard to all individuals without distinction of any kind such as race. xenophobia. hunger and other denials of economic. The World Conference on Human Rights emphasizes the importance of incorporating the subject of human rights education programmes and calls upon States to do so. foreign occupation and alien domination. and calls for the safe and timely access for such assistance. in particular the rights of everyone to a standard of living adequate for their health and well-being. The World Conference on Human Rights reaffirms that States are duty-bound. 30. as stipulated in the Universal Declaration of Human Rights and the International Covenant on Economic. poverty. The World Conference on Human Rights calls upon States to refrain from any unilateral measure not in accordance with international law and the Charter of the United Nations that creates obstacles to trade relations among States and impedes the full realization of the human rights set forth in the Universal Declaration of Human Rights and international human rights instruments. as set forth in the Geneva Conventions of 1949 and other relevant instruments of international humanitarian law. affecting the civilian population. . 32. terrorism. both theoretical and practical. peace and friendly relations between the nations and all racial or religious groups and encourage the development of United Nations activities in pursuance of these objectives. sex. Education should promote understanding. including food and medical care. disappearances. 31. Therefore. as well as minimum standards for protection of human rights. the elderly and the disabled. discrimination against women and lack of the rule of law. as well as torture and cruel.The World Conference on Human Rights is deeply concerned about violations of human rights during armed conflicts. objectivity and non-selectivity of the consideration of human rights issues. education on human rights and the dissemination of proper information. Social and Cultural Rights and in other international human rights instruments. 33.

teaching and education. The World Conference on Human Rights notes that resource constraints and institutional inadequacies may impede the immediate realization of these objectives. 34. their role in remedying human rights violations. and through voluntary contributions. States are called upon to increase their contributions to these programmes.language or religion. as contained in international human rights instruments. both through promoting a larger allocation from the United Nations regular budget. The programmes of advisory services and technical cooperation under the Centre for Human Rights should be strengthened as well as made more efficient and transparent and thus become a major contribution to improving respect for human rights. in the dissemination of human rights information. national institutions and related infrastructures which uphold the rule of law and democracy. Governments. The World Conference on Human Rights reaffirms the important and constructive role played by national institutions for the promotion and protection of human rights. The World Conference on Human Rights reiterates the need to consider the possibility of establishing regional and subregional arrangements for the promotion and protection of human rights where they do not already exist. and education in human rights. Regional arrangements play a fundamental role in promoting and protecting human rights. the United Nations system as well as other multilateral organizations are urged to increase considerably the resources allocated to programmes aiming at the establishment and strengthening of national legislation. To this end. 36. The World Conference on Human Rights encourages the establishment and strengthening of national institutions. 35. while at the same time stressing the importance of cooperation with the United Nations human rights activities. popular participation and civil society. United Nations human rights activities should be provided with increased resources. in particular in their advisory capacity to the competent authorities. having regard to the "Principles relating to the status of national institutions" and recognizing that it is the right of each State to choose the framework which is best suited to its particular needs at the national level. as mandated by Member States. and this should be integrated in the education policies at the national as well as international levels. They should reinforce universal human rights standards. human rights awareness through training. 37. Increased efforts should be made to assist countries which so request to create the conditions whereby each individual can enjoy universal human rights and fundamental freedoms. and their protection. electoral assistance. The full and effective implementation of United Nations activities to promote and protect human rights must reflect the high importance accorded to human rights by the Charter of the United Nations and the demands of the United Nations human rights activities. The World Conference on Human Rights endorses efforts under way to strengthen these arrangements and to increase their effectiveness. .

taking into account the need to avoid unnecessary duplication. The World Conference on Human Rights appreciates their contribution to increasing public awareness of human rights issues. also assess the impact of their strategies and policies on the enjoyment of all human rights. 2. within the framework of national law and the Universal Declaration of Human Rights. . training and research in this field. Nongovernmental organizations should be free to carry out their human rights activities. These rights and freedoms may not be exercised contrary to the purposes and principles of the United Nations. The World Conference on Human Rights recognizes that relevant specialized agencies and bodies and institutions of the United Nations system as well as other relevant intergovernmental organizations whose activities deal with human rights play a vital role in the formulation. Underlining the importance of objective. While recognizing that the primary responsibility for standard-setting lies with States. 3. for whom freedom and protection should be guaranteed within the framework of national law. and to the promotion and protection of all human rights and fundamental freedoms. To this end. 39. regional and international levels. the World Conference on Human Rights urges all United Nations organs. The World Conference on Human Rights recognizes the important role of non-governmental organizations in the promotion of all human rights and in humanitarian activities at national. rationalize and streamline their activities. bodies and the specialized agencies whose activities deal with human rights to cooperate in order to strengthen. Non-governmental organizations and their members genuinely involved in the field of human rights should enjoy the rights and freedoms recognized in the Universal Declaration of Human Rights. II A. Furthermore. The World Conference on Human Rights recommends increased coordination in support of human rights and fundamental freedoms within the United Nations system. without interference. the World Conference on Human Rights calls on regional organizations and prominent international and regional finance and development institutions to assess also the impact of their policies and programmes on the enjoyment of human rights. to the conduct of education. Increased coordination on human rights within the United Nations system 1. In this respect. the conference also appreciates the contribution of non-governmental organizations to this process. the World Conference on Human Rights emphasizes the importance of continued dialogue and cooperation between Governments and non-governmental organizations. The World Conference on Human Rights also recommends to the Secretary-General that highlevel officials of relevant United Nations bodies and specialized agencies at their annual meeting.38. and the protection of the national law. the World Conference on Human Rights encourages the increased involvement of the media. besides coordinating their activities. responsible and impartial information about human rights and humanitarian issues.

The World Conference on Human Rights. and should take into account the outcome of the World Conference on Human Rights within their fields of competence. financial and other resources available to carry them out. The World Conference on Human Rights. when considering the elaboration of new international standards. and bearing in mind the resources needed for other important United Nations programmes. within their respective mandates. Resources 9. to consult with human rights treaty bodies on the necessity for drafting new standards and to request the Secretariat to carry out technical reviews of proposed new instruments. formulate any reservations as precisely and narrowly as possible. ensure that none is incompatible with the object and purpose of the relevant treaty and regularly review any reservations with a view to withdrawing them. 4. Human rights training for international civil servants who are assigned to work relating to human rights should be organized. The Secretary-General. in consultation with treaty bodies. The World Conference on Human Rights recommends that human rights officers be assigned if and when necessary to regional offices of the United Nations Organization with the purpose of disseminating information and offering training and other technical assistance in the field of human rights upon the request of concerned Member States. 8. should consider opening a dialogue with States not having acceded to these human rights treaties. 5. recognizing the need to maintain consistency with the high quality of existing international standards and to avoid proliferation of human rights instruments. 6. The World Conference on Human Rights encourages States to consider limiting the extent of any reservations they lodge to international human rights instruments. The World Conference on Human Rights strongly recommends that a concerted effort be made to encourage and facilitate the ratification of and accession or succession to international human rights treaties and protocols adopted within the framework of the United Nations system with the aim of universal acceptance. reaffirms the guidelines relating to the elaboration of new international instruments contained in General Assembly resolution 41/120 of 4 December 1986 and calls on the United Nations human rights bodies. to keep those guidelines in mind. concerned by the growing disparity between the activities of the Centre for Human Rights and the human. 7. requests the Secretary-General and the General Assembly to take immediate steps to increase substantially the resources for the human rights programme from within the existing .promotion and implementation of human rights standards. in order to identify obstacles and to seek ways of overcoming them. The World Conference on Human Rights welcomes the convening of emergency sessions of the Commission on Human Rights as a positive initiative and that other ways of responding to acute violations of human rights be considered by the relevant organs of the United Nations system.

The World Conference on Human Rights. working groups and treaty bodies. and Member States to adopt a coherent approach aimed at securing that resources commensurate to the increased mandates are allocated to the Secretariat. The Centre for Human Rights should be assured adequate means for the system of thematic and country rapporteurs. All activities should follow strict and transparent project management rules and . and to take urgent steps to seek increased extrabudgetary resources. Voluntary funding of the Centre's technical cooperation activities should reinforce this enhanced budget.and future regular budgets of the United Nations. The Centre for Human Rights should assume a larger role in the promotion of human rights. as mandated by intergovernmental bodies. The World Conference on Human Rights invites the Secretary-General to consider whether adjustments to procedures in the programme budget cycle would be necessary or helpful to ensure the timely and effective implementation of human rights activities as mandated by Member States. The coordinating role of the Centre for Human Rights also implies that the office of the Centre for Human Rights in New York is strengthened. in accordance with Article 101 of the Charter of the United Nations. The World Conference on Human Rights requests the Secretary-General and the General Assembly to provide sufficient human. The World Conference on Human Rights stresses the importance of strengthening the United Nations Centre for Human Rights. The Centre for Human Rights should play an important role in coordinating system-wide attention for human rights. The existing voluntary funds will have to be expanded substantially for these purposes and should be managed in a more efficient and coordinated way. 14. including those related to the United Nations human rights bodies. 11. the World Conference on Human Rights calls for generous contributions to the existing trust funds. financial and other resources to the Centre for Human Rights to enable it effectively. noting the need to ensure that human and financial resources are available to carry out the human rights activities. an increased proportion of the regular budget should be allocated directly to the Centre for Human Rights to cover its costs and all other costs borne by the Centre for Human Rights. 16. Follow-up on recommendations should become a priority matter for consideration by the Commission on Human Rights. 12. 15. urges the Secretary-General. 10. efficiently and expeditiously to carry out its activities. Centre for Human Rights 13. This role could be given shape through cooperation with Member States and by an enhanced programme of advisory services and technical assistance. The focal role of the Centre can best be realized if it is enabled to cooperate fully with other United Nations bodies and organs. Within this framework. experts.

organize at least once a year information meetings open to all Member States and organizations directly involved in these projects and programmes. as reflected in the present Declaration and within the framework of a balanced and sustainable development for all people. racial discrimination. The Centre should. United Nations organs and agencies should strengthen their efforts to implement such a programme of action related to the third decade to combat racism and racial discrimination as well as subsequent mandates to the same end. as a primary objective for the international community and a worldwide promotion programme in the field of human rights. it begin. including penal measures. where necessary by enactment of appropriate legislation. consideration of the question of the establishment of a High Commissioner for Human Rights for the promotion and protection of all human rights. The World Conference on Human Rights also appeals to all States parties to the International Convention on the Elimination of All Forms . 20. Racism. Adaptation and strengthening of the United Nations machinery for human rights. B. 21. dignity and tolerance 1. The World Conference on Human Rights welcomes the decision of the Commission on Human Rights to appoint a Special Rapporteur on contemporary forms of racism. including the question of the establishment of a United Nations High Commissioner for Human Rights 17. Equality. In particular. the results of such evaluation exercises and other relevant information should be made available regularly. as a matter of priority. The World Conference on Human Rights recommends to the General Assembly that when examining the report of the Conference at its forty-eighth session. 18. and by the establishment of national institutions to combat such phenomena. in particular in their institutionalized forms such as apartheid or resulting from doctrines of racial superiority or exclusivity or contemporary forms and manifestations of racism. racial discrimination. efficiency and effectiveness. in particular. xenophobia or related intolerance. The World Conference on Human Rights strongly appeals to the international community to contribute generously to the Trust Fund for the Programme for the Decade for Action to Combat Racism and Racial Discrimination. the United Nations human rights organs should improve their coordination. The World Conference on Human Rights considers the elimination of racism and racial discrimination.regular programme and project evaluations should be held periodically. The World Conference on Human Rights urges all Governments to take immediate measures and to develop strong policies to prevent and combat all forms and manifestations of racism. xenophobia and other forms of intolerance 19. To this end. The World Conference on Human Rights recognizes the necessity for a continuing adaptation of the United Nations human rights machinery to the current and future needs in the promotion and protection of human rights. xenophobia and related intolerance.

should include facilitation of their full participation in all aspects of the political. conscience. Victims of the abhorrent practice of ethnic cleansing are entitled to appropriate and effective remedies. individually and collectively. religious and linguistic minorities in accordance with the Declaration on the Rights of Persons belonging to National or Ethnic. economic. 27. recognizing that every individual has the right to freedom of thought. The World Conference on Human Rights stresses that all persons who perpetrate or authorize criminal acts associated with ethnic cleansing are individually responsible and accountable for such human rights violations. The World Conference on Human Rights calls on the Working Group on Indigenous . The World Conference on Human Rights calls on all States to take immediate measures. Persons belonging to national or ethnic. religious and cultural life of society and in the economic progress and development in their country. The World Conference on Human Rights calls upon all Governments to take all appropriate measures in compliance with their international obligations and with due regard to their respective legal systems to counter intolerance and related violence based on religion or belief. The World Conference on Human Rights calls on the Commission on Human Rights to examine ways and means to promote and protect effectively the rights of persons belonging to minorities as set out in the Declaration on the Rights of Persons belonging to National or Ethnic. as well as on the prevention and resolution of disputes. religious and linguistic minorities 25. expression and religion. 26. Measures to be taken. qualified expertise on minority issues and human rights. Religious and Linguistic Minorities. and that the international community should exert every effort to bring those legally responsible for such violations to justice. 2. Religious and Linguistic Minorities. including practices of discrimination against women and including the desecration of religious sites. at the request of Governments concerned and as part of its programme of advisory services and technical assistance. Indigenous people 28. The World Conference on Human Rights urges States and the international community to promote and protect the rights of persons belonging to national or ethnic. 23. In this context. where appropriate. The Conference also invites all States to put into practice the provisions of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.of Racial Discrimination to consider making the declaration under article 14 of the Convention. social. to combat the practice of ethnic cleansing to bring it quickly to an end. the World Conference on Human Rights calls upon the Centre for Human Rights to provide. 24. 22. to assist in existing or potential situations involving minorities.

The World Conference on Human Rights urges all States to guarantee the protection of the human rights of all migrant workers and their families. The World Conference on Human Rights urges the full and equal enjoyment by women of all human rights and that this be a priority for Governments and for the United Nations. the International Convention on the Rights of All Migrant Workers and Members of Their Families. to begin from January 1994. 31. Migrant workers 33. including action-orientated programmes. The World Conference on Human Rights recommends that the Commission on Human Rights consider the renewal and updating of the mandate of the Working Group on Indigenous Populations upon completion of the drafting of a declaration on the rights of indigenous people. to be decided upon in partnership with indigenous people. 3. The World Conference on Human Rights invites States to consider the possibility of signing and ratifying. 30. The World Conference on Human Rights further recommends that adequate human and financial resources be made available to the Centre for Human Rights within the overall framework of strengthening the Centre's activities as envisaged by this document. at the earliest possible time. 32. and reiterates the objectives established on global action for women towards sustainable and . 34. 29. 35. The equal status and human rights of women 36. The World Conference on Human Rights recommends that the General Assembly proclaim an international decade of the world's indigenous people. The World Conference on Human Rights also recommends that advisory services and technical assistance programmes within the United Nations system respond positively to requests by States for assistance which would be of direct benefit to indigenous people. The World Conference on Human Rights considers that the creation of conditions to foster greater harmony and tolerance between migrant workers and the rest of the society of the State in which they reside is of particular importance. in particular in matters of concern to them. the establishment of a permanent forum for indigenous people in the United Nations system should be considered. The World Conference on Human Rights also underlines the importance of the integration and full participation of women as both agents and beneficiaries in the development process. The World Conference on Human Rights urges States to ensure the full and free participation of indigenous people in all aspects of society. In the framework of such a decade.Populations of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to complete the drafting of a declaration on the rights of indigenous people at its eleventh session. An appropriate voluntary trust fund should be set up for this purpose.

including in particular murder. both hidden and overt. the Commission on Human Rights. In particular. 3-14 June 1992). The World Conference on Human Rights calls upon the General Assembly to adopt the draft declaration on violence against women and urges States to combat violence against women in accordance with its provisions.equitable development set forth in the Rio Declaration on Environment and Development and chapter 24 of Agenda 21. and forced pregnancy. systematic rape. the elimination of all forms of sexual harassment. the Committee on the Elimination of Discrimination against Women should continue its review of reservations to the Convention. 40. The World Conference on Human Rights welcomes the decision of the Commission on Human Rights to consider the appointment of a . Inter alia. The Commission on the Status of Women and the Committee on the Elimination of Discrimination against Women should quickly examine the possibility of introducing the right of petition through the preparation of an optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women. steps should be taken to increase cooperation and promote further integration of objectives and goals between the Commission on the Status of Women. Brazil. All violations of this kind. 37. exploitation and trafficking in women. Ways and means of addressing the particularly large number of reservations to the Convention should be encouraged. New procedures should also be adopted to strengthen implementation of the commitment to women's equality and the human rights of women. 38. the United Nations Development Fund for Women. In this context. the elimination of gender bias in the administration of justice and the eradication of any conflicts which may arise between the rights of women and the harmful effects of certain traditional or customary practices. the World Conference on Human Rights stresses the importance of working towards the elimination of violence against women in public and private life. cooperation and coordination should be strengthened between the Centre for Human Rights and the Division for the Advancement of Women. The equal status of women and the human rights of women should be integrated into the mainstream of United Nations system-wide activity. adopted by the United Nations Conference on Environment and Development (Rio de Janeiro. Treaty monitoring bodies should disseminate necessary information to enable women to make more effective use of existing implementation procedures in their pursuits of full and equal enjoyment of human rights and non-discrimination. cultural prejudices and religious extremism. States are urged to withdraw reservations that are contrary to the object and purpose of the Convention or which are otherwise incompatible with international treaty law. In particular. The World Conference on Human Rights urges the eradication of all forms of discrimination against women. Violations of the human rights of women in situations of armed conflict are violations of the fundamental principles of international human rights and humanitarian law. the United Nations Development Programme and other United Nations agencies. require a particularly effective response. These issues should be regularly and systematically addressed throughout relevant United Nations bodies and mechanisms. sexual slavery. The United Nations should encourage the goal of universal ratification by all States of the Convention on the Elimination of All Forms of Discrimination against Women by the year 2000. the Committee for the Elimination of Discrimination against Women. 39.

In the context of the World Conference on Women and the Convention on the Elimination of All Forms of Discrimination against Women. as well as the Proclamation of Tehran of 1968. development and peace. in this respect. 42. Training for United Nations human rights and humanitarian relief personnel to assist them to recognize and deal with human rights abuses particular to women and to carry out their work without gender bias should be encouraged. especially those of the United Nations Children's Fund. The World Conference on Human Rights welcomes the World Conference on Women to be held in Beijing in 1995 and urges that human rights of women should play an important role in its deliberations. to ensure that the human rights activities of the United Nations regularly address violations of women's human rights. the World Conference on Human Rights reaffirms. 44. It encourages further steps within the United Nations Secretariat to appoint and promote women staff members in accordance with the Charter of the United Nations. for promoting respect for the rights of the child to survival. Steps should also be taken by the Division for the Advancement of Women in cooperation with other United Nations bodies. and encourages other principal and subsidiary organs of the United Nations to guarantee the participation of women under conditions of equality. protection. The World Conference on Human Rights notes with satisfaction that the Commission on Human Rights adopted at its forty-ninth session resolution 1993/46 of 8 March 1993 stating that rapporteurs and working groups in the field of human rights should also be encouraged to do so. 46. The World Conference on Human Rights reiterates the principle of "First Call for Children" and. Protection . underlines the importance of major national and international efforts. a woman's right to accessible and adequate health care and the widest range of family planning services. The rights of the child 45. 43. 41. as well as equal access to education at all levels. Measures should be taken to achieve universal ratification of the Convention on the Rights of the Child by 1995 and the universal signing of the World Declaration on the Survival. The World Conference on Human Rights urges Governments and regional and international organizations to facilitate the access of women to decision-making posts and their greater participation in the decision-making process.special rapporteur on violence against women at its fiftieth session. making use of gender-specific data. Treaty monitoring bodies should include the status of women and the human rights of women in their deliberations and findings. specifically the Centre for Human Rights. States should be encouraged to supply information on the situation of women de jure and de facto in their reports to treaty monitoring bodies. in accordance with the priority themes of the World Conference on Women of equality. including gender-specific abuses. on the basis of equality between women and men. development and participation. 4. The World Conference on Human Rights recognizes the importance of the enjoyment by women of the highest standard of physical and mental health throughout their life span.

The World Conference on Human Rights urges all States. The World Conference on Human Rights urges States to repeal existing laws and regulations and remove customs and practices which discriminate against and cause harm to the girl child. 50.and Development of Children and Plan of Action adopted by the World Summit for Children. with the support of international cooperation. especially anti-personnel mines. The World Conference on Human Rights urges all nations to undertake measures to the maximum extent of their available resources. as well as other forms of sexual abuse. Effective measures are required against female infanticide. The World Conference on Human Rights supports all measures by the United Nations and its specialized agencies to ensure the effective protection and promotion of human rights of the girl child. The World Conference on Human Rights urges States to withdraw reservations to the Convention on the Rights of the Child contrary to the object and purpose of the Convention or otherwise contrary to international treaty law. child pornography. The World Conference on Human Rights recommends that matters relating to human rights and the situation of children be regularly reviewed and monitored by all relevant organs and mechanisms of the United Nations system and by the supervisory bodies of the specialized agencies in accordance with their mandates. in particular. 51. child prostitution. 47. The Conference calls on the Committee on the Rights of the Child to study the question of raising the minimum age of recruitment into armed forces. 48. the Convention on the Rights of the Child. . 52. The World Conference on Human Rights strongly supports the proposal that the SecretaryGeneral initiate a study into means of improving the protection of children in armed conflicts. Exploitation and abuse of children should be actively combated. including by addressing their root causes. Measures should include protection for children against indiscriminate use of all weapons of war. sale of children and organs. Whenever so called for. 49. By means of these national action plans and through international efforts. Humanitarian norms should be implemented and measures taken in order to protect and facilitate assistance to children in war zones. to address the acute problem of children under especially difficult circumstances. reducing malnutrition and illiteracy rates and providing access to safe drinking water and to basic education. The Conference calls on States to integrate the Convention on the Rights of the Child into their national action plans. as well as their effective implementation. The World Conference on Human Rights recognizes the important role played by nongovernmental organizations in the effective implementation of all human rights instruments and. national plans of action should be devised to combat devastating emergencies resulting from natural disasters and armed conflicts and the equally grave problem of children in extreme poverty. with the support of international cooperation. particular priority should be placed on reducing infant and maternal mortality rates. The need for aftercare and rehabilitation of children traumatized by war must be addressed urgently. to achieve the goals in the World Summit Plan of Action. harmful child labour.

Freedom from torture 54. Providing the necessary resources for this purpose should be given high priority. 61. strengthening of existing mechanisms. The World Conference on Human Rights welcomes the ratification by many Member States of the Convention against Torture and Other Cruel. the result of which destroys the dignity and impairs the capability of victims to continue their lives and their activities. 58. by additional contributions to the United Nations Voluntary Fund for the Victims of Torture. thereby providing a firm basis for the rule of law. The World Conference on Human Rights stresses the importance of further concrete action within the framework of the United Nations with the view to providing assistance to victims of torture and ensure more effective remedies for their physical. 57. Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations. where necessary. and effective implementation of. The World Conference on Human Rights emphasizes that one of the most atrocious violations against human dignity is the act of torture. Special attention should be given to ensure universal respect for. freedom from torture is a right which must be protected under all circumstances. The World Conference on Human Rights reaffirms that efforts to eradicate torture should. The World Conference on Human Rights recommends that the Committee on the Rights of the Child. 60. 59. the Principles of Medical Ethics relevant to the Role of Health Personnel. 55. Inhuman or Degrading Treatment or Punishment and encourages its speedy ratification by all other Member States. especially in view of the unprecedented extent of ratification and subsequent submission of country reports. 5. with the assistance of the Centre for Human Rights. The World Conference on Human Rights reaffirms that under human rights law and international humanitarian law. inter alia. States should abrogate legislation leading to impunity for those responsible for grave violations of human rights such as torture and prosecute such violations.53. The World Conference on Human Rights therefore urges all States to put an immediate end to the practice of torture and eradicate this evil forever through full implementation of the Universal Declaration of Human Rights as well as the relevant conventions and. particularly Physicians. be enabled expeditiously and effectively to meet its mandate. psychological and social rehabilitation. in the Protection of Prisoners and Detainees against Torture and other Cruel. The World Conference on Human Rights calls on all States to cooperate fully with the Special Rapporteur on the question of torture in the fulfilment of his mandate. 56. . including in times of internal or international disturbance or armed conflicts.

assistance provided upon the request of Governments for the conduct of free and fair elections. be they physical. to prosecute its perpetrators. The World Conference on Human Rights reaffirms that it is the duty of all States. development and human rights. The place of disabled persons is everywhere. strengthening of a pluralistic civil society and the protection of groups which have been rendered vulnerable. at their meetings in 1993. Persons with disabilities should be guaranteed equal opportunity through the elimination of all socially determined barriers. The World Conference on Human Rights reaffirms that all human rights and fundamental freedoms are universal and thus unreservedly include persons with disabilities. 67. The World Conference on Human Rights. is of particular importance. therefore. the World Conference on Human Rights calls upon the General Assembly and the Economic and Social Council to adopt the draft standard rules on the equalization of opportunities for persons with disabilities. financial. C. 65. including assistance in the human rights aspects of elections and public information about elections. living independently and active participation in all aspects of society. terminate and punish acts of enforced disappearances. under any circumstances. Enforced disappearances 62. to make investigations whenever there is reason to believe that an enforced disappearance has taken place on a territory under their jurisdiction and. Cooperation. education and work. The World Conference on Human Rights recommends that priority be given to national and international action to promote democracy. adopted by the General Assembly at its thirty-seventh session. which is intended to establish a preventive system of regular visits to places of detention. social or psychological. The World Conference on Human Rights calls on Governments. calls upon all States to take effective legislative. Equally important is the assistance to be given to the strengthening of the rule of law. development and strengthening of human rights 66. the promotion of freedom of expression and the administration of justice. and to the real and . which exclude or restrict full participation in society. welcoming the adoption by the General Assembly of the Declaration on the Protection of All Persons from Enforced Disappearance. 64. Any direct discrimination or other negative discriminatory treatment of a disabled person is therefore a violation of his or her rights.first and foremost. to adopt or adjust legislation to assure access to these and other rights for disabled persons. Recalling the World Programme of Action concerning Disabled Persons. judicial or other measures to prevent. if allegations are confirmed. where necessary. Inhuman and Degrading Treatment or Punishment. The rights of the disabled person 63. administrative. Special emphasis should be given to measures to assist in the strengthening and building of institutions relating to human rights. be concentrated on prevention and. Every person is born equal and has the same rights to life and welfare. calls for the early adoption of an optional protocol to the Convention against Torture and Other Cruel. In this context. 6.

68. The World Conference on Human Rights requests the Secretary-General of the United Nations to submit proposals to the United Nations General Assembly. structure. activities and implementation . broad-based education and public information aimed at promoting respect for human rights should all be available as components of these programmes. The World Conference on Human Rights recommends that each State consider the desirability of drawing up a national action plan identifying steps whereby that State would improve the promotion and protection of human rights. the legal protection of human rights. 69. The World Conference on Human Rights recommends that non-governmental and other grass-roots organizations active in development and/or human rights should be enabled to play a major role on the national and international levels in the debate. upon the request of the interested Government. must be implemented and realized. Such a programme. That programme should make available to States assistance for the implementation of plans of action for the promotion and protection of human rights. 73. The Centre should make available to States upon request assistance on specific human rights issues. Strengthening the institutions of human rights and democracy. for early consideration by the United Nations General Assembly. as established in the Declaration on the Right to Development. technical and financial assistance to national projects in reforming penal and correctional establishments. and any other sphere of activity relevant to the good functioning of the rule of law. The World Conference on Human Rights on Human Rights reaffirms that the universal and inalienable right to development. 71. 72. judges and security forces in human rights. containing alternatives for the establishment. including the preparation of reports under human rights treaties as well as for the implementation of coherent and comprehensive plans of action for the promotion and protection of human rights. The World Conference on Human Rights stresses the need for the implementation of strengthened advisory services and technical assistance activities by the Centre for Human Rights. operational modalities and funding of the proposed programme.effective participation of the people in the decision-making processes. promptly formulate. In this context. education and training of lawyers. the World Conference on Human Rights welcomes the appointment by the Commission on Human Rights of a thematic working group on the right to development and urges that the Working Group. 70. in consultation and cooperation with other organs and agencies of the United Nations system. comprehensive and effective measures to eliminate obstacles to the implementation and realization of the Declaration on the Right to Development and recommending ways and means towards the realization of the right to development by all States. The World Conference on Human Rights strongly recommends that a comprehensive programme be established within the United Nations in order to help States in the task of building and strengthening adequate national structures which have a direct impact on the overall observance of human rights and the maintenance of the rule of law. training of officials and others. should be able to provide. to be coordinated by the Centre for Human Rights.

76. democracy. humanitarian law. seminars and information exchanges designed to strengthen regional arrangements for the promotion and protection of human rights in accord with universal human rights standards as contained in international human rights instruments. The World Conference on Human Rights recommends that more resources be made available for the strengthening or the establishment of regional arrangements for the promotion and protection of human rights under the programmes of advisory services and technical assistance of the Centre for Human Rights. as . Social and Cultural Rights. development and social justice. democracy and human rights. Cooperation should be based on dialogue and transparency. The World Conference on Human Rights appeals to Governments. in cooperation with Governments. democracy and rule of law as subjects in the curricula of all learning institutions in formal and non-formal settings. 80. to continue the examination of optional protocols to the International Covenant on Economic. Social and Cultural Rights. 79. Social and Cultural Rights and other relevant international instruments. and to national institutions working in this area. tolerance and peace. The World Conference on Human Rights supports all measures by the United Nations and its relevant specialized agencies to ensure the effective promotion and protection of trade union rights. in all relevant aspects of development cooperation. States are encouraged to request assistance for such purposes as regional and subregional workshops. It calls on all States to abide fully by their obligations in this regard contained in international instruments. training and public information essential for the promotion and achievement of stable and harmonious relations among communities and for fostering mutual understanding. Actors in the field of development cooperation should bear in mind the mutually reinforcing interrelationship between development. 77. as stipulated in the International Covenant on Economic. competent agencies and institutions to increase considerably the resources devoted to building well-functioning legal systems able to protect human rights. including resource banks of information and personnel with expertise relating to the strengthening of the rule of law and of democratic institutions. Human rights education should include peace. The World Conference on Human Rights calls on all States and institutions to include human rights. Human rights education 78.relating to the right to development and. States should strive to eradicate illiteracy and should direct education towards the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. in cooperation with the Committee on Economic. D. The World Conference on Human Rights considers human rights education. The World Conference on Human Rights encourages the Commission on Human Rights. The World Conference on Human Rights also calls for the establishment of comprehensive programmes. 75. 74.

The World Conference on Human Rights recommends the strengthening of United Nations activities and programmes to meet requests for assistance by States which want to establish or strengthen their own national institutions for the promotion and protection of human rights. 84. and other human rights instruments. should promote an increased awareness of human rights and mutual tolerance. The World Conference on Human Rights strongly recommends in this regard that representatives of national institutions for the promotion and protection of human rights convene periodic meetings under the auspices of the Centre for Human Rights to examine ways and . as well as cooperation with regional organizations and the United Nations. institutions and organs of society which play a role in promoting and safeguarding human rights. The proclamation of a United Nations decade for human rights education in order to promote. law enforcement personnel. 86. E. The advisory services and technical assistance programmes of the United Nations system should be able to respond immediately to requests from States for educational and training activities in the field of human rights as well as for special education concerning standards as contained in international human rights instruments and in humanitarian law and their application to special groups such as military forces. in order to achieve common understanding and awareness with a view to strengthening universal commitment to human rights. 81. The World Conference on Human Rights also encourages the strengthening of cooperation between national institutions for the promotion and protection of human rights. Taking into account the World Plan of Action on Education for Human Rights and Democracy. Scientific and Cultural Organization. The World Conference on Human Rights urges Governments to incorporate standards as contained in international human rights instruments in domestic legislation and to strengthen national structures. adopted in March 1993 by the International Congress on Education for Human Rights and Democracy of the United Nations Educational. with the assistance of intergovernmental organizations.set forth in international and regional human rights instruments. taking particular account of the human rights needs of women. 82. encourage and focus these educational activities should be considered. national institutions and non-governmental organizations. particularly through exchanges of information and experience. police and the health profession. The World Conference on Human Rights underlines the importance of strengthening the World Public Information Campaign for Human Rights carried out by the United Nations. They should initiate and support education in human rights and undertake effective dissemination of public information in this field. 85. the World Conference on Human Rights recommends that States develop specific programmes and strategies for ensuring the widest human rights education and the dissemination of public information. Implementation and monitoring methods 83. Governments.

taking into account the need to avoid unnecessary duplication and overlapping of their mandates and tasks. The World Conference on Human Rights appeals to States which have not yet done so to accede to the Geneva Conventions of 12 August 1949 and the Protocols thereto. 95. 94. The World Conference on Human Rights recommends the speedy completion and adoption of the draft declaration on the right and responsibility of individuals. The World Conference on Human Rights recommends that the States parties to international human rights instruments. including the monitoring tasks. and supports the efforts of the Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection of Minorities to examine all aspects of the issue. The World Conference on Human Rights views with concern the issue of impunity of perpetrators of human rights violations. groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms. The World Conference on Human Rights recommends that the Commission on Human Rights examine the possibility for better implementation of existing human rights instruments at the international and regional levels and encourages the International Law Commission to continue its work on an international criminal court. 93. rapporteurs. The World Conference on Human Rights recommends to the human rights treaty bodies. 89. The World Conference on Human Rights recommends continued work on the improvement of the functioning.means of improving their mechanisms and sharing experiences. including legislative ones. representatives. the General Assembly and the Economic and Social Council should consider studying the existing human rights treaty bodies and the various thematic mechanisms and procedures with a view to promoting greater efficiency and effectiveness through better coordination of the various bodies. mechanisms and procedures. for their full implementation. taking into account multiple proposals made in this respect. 88. 92. 87. 91. 90. The World Conference on Human Rights recommends that States parties to human rights treaties consider accepting all the available optional communication procedures. The World Conference on Human Rights underlines the importance of preserving and strengthening the system of special procedures. to the meetings of chairpersons of the treaty bodies and to the meetings of States parties that they continue to take steps aimed at coordinating the multiple reporting requirements and guidelines for preparing State reports under the respective human rights conventions and study the suggestion that the submission of one overall report on treaty obligations undertaken by each State would make these procedures more effective and increase their impact. experts and working . and to take all appropriate national measures. The comprehensive national approach taken by the Committee on the Rights of the Child should also be encouraged. of the treaty bodies. in particular those made by the treaty bodies themselves and by the meetings of the chairpersons of the treaty bodies.

The World Conference on Human Rights. recognizing the important role of human rights components in specific arrangements concerning some peace-keeping operations by the United Nations. in conformity with the Charter of the United Nations. The procedures and mechanisms should be enabled to harmonize and rationalize their work through periodic meetings. national human rights institutions. experience and capabilities of the Centre for Human Rights and human rights mechanisms. Follow-up to the World Conference on Human Rights 99. social and cultural rights. 97. To strengthen the enjoyment of economic. Special attention should be paid to assessing the progress towards the goal of . recommends that the Secretary-General take into account the reporting. regional and international levels. The World Conference on Human Rights recommends that the United Nations assume a more active role in the promotion and protection of human rights in ensuring full respect for international humanitarian law in all situations of armed conflict. F. 100. 96. all organs and agencies of the United Nations system related to human rights. the Commission on Human Rights and other organs and agencies of the United Nations system related to human rights consider ways and means for the full implementation. The World Conference on Human Rights further recommends that the Commission on Human Rights annually review the progress towards this end. in accordance with the purposes and principles of the Charter of the United Nations. The World Conference on Human Rights requests the Secretary-General of the United Nations to invite on the occasion of the fiftieth anniversary of the Universal Declaration of Human Rights all States. social and cultural rights at the national. There must be a concerted effort to ensure recognition of economic. Likewise. such as a system of indicators to measure progress in the realization of the rights set forth in the International Covenant on Economic. additional approaches should be examined. providing them with the necessary human and financial resources. may present their views to the Secretary-General on the progress made in the implementation of the present Declaration. as well as non-governmental organizations. as appropriate.groups of the Commission on Human Rights and the Sub-Commission on the Prevention of Discrimination and Protection of Minorities. through the Commission on Human Rights and the Economic and Social Council. 98. Social and Cultural Rights. All States are asked to cooperate fully with these procedures and mechanisms. in order to enable them to carry out their mandates in all countries throughout the world. regional and. to report to him on the progress made in the implementation of the present Declaration and to submit a report to the General Assembly at its fifty-third session. The World Conference on Human Rights on Human Rights recommends that the General Assembly. including the possibility of proclaiming a United Nations decade for human rights. without delay. of the recommendations contained in the present Declaration.

the environment and anti-corruption: . support and enact.universal ratification of international human rights treaties and protocols adopted within the framework of the United Nations system. within their sphere of influence. labour standards. The UN Global Compact asks companies to embrace. a set of core values in the areas of human rights.

Anti-Corruption • Principle 10: Businesses should work against corruption in all its forms. CONVENTION AGAINST TORTURE and Other Cruel. and Principle 6: the elimination of discrimination in respect of employment and occupation. Inhuman or Degrading Treatment or Punishment . Principle 8: undertake initiatives to promote greater environmental responsibility. Environment • • • Principle 7: Businesses should support a precautionary approach to environmental challenges. Principle 4: the elimination of all forms of forced and compulsory labour. including extortion and bribery. and Principle 2: make sure that they are not complicit in human rights abuses. Labour • • • • Principle 3: Businesses should uphold the freedom of association and the effective recognition of the right to collective bargaining. Principle 5: the effective abolition of child labour. and Principle 9: encourage the development and diffusion of environmentally friendly technologies.Human Rights • • Principle 1: Businesses should support and respect the protection of internationally proclaimed human rights.

inhuman or degrading treatment or punishment. both of which provide that no one may be subjected to torture or to cruel. when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. Considering that. and observance of. recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom. It does not include pain or suffering arising only from. justice and peace in the world. Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel. in accordance with the principles proclaimed in the Charter of the United Nations. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.The States Parties to this Convention. Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights. Article 2 . or intimidating or coercing him or a third person. inherent in or incidental to lawful sanctions. is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession. torture means any act by which severe pain or suffering. in particular Article 55. Inhuman or Degrading Treatment or Punishment. Considering the obligation of States under the Charter. punishing him for an act he or a third person has committed or is suspected of having committed. Desiring to make more effective the struggle against torture and other cruel. whether physical or mental. human rights and fundamental freedoms. Have agreed as follows: Part I Article 1 1. to promote universal respect for. inhuman or degrading treatment or punishment throughout the world. For the purposes of this Convention. Recognizing that those rights derive from the inherent dignity of the human person. or for any reason based on discrimination of any kind. adopted by the General Assembly on 9 December 1975 (resolution 3452 (XXX)). 2.

For the purpose of determining whether there are such grounds. Each State Party shall take effective legislative. whether a state of war or a threat or war. Each State Party shall ensure that all acts of torture are offences under its criminal law. An order from a superior officer or a public authority may not be invoked as a justification of torture. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature. When the victim was a national of that State if that State considers it appropriate. 2. internal political instability or any other public emergency. 2. the competent authorities shall take into account all relevant considerations including. No State Party shall expel. Article 6 . judicial or other measures to prevent acts of torture in any territory under its jurisdiction. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law. 2. Article 4 1. return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. 2. where applicable. When the alleged offender is a national of that State. 3. 2. flagrant or mass violations of human rights. Article 5 1. may be invoked as a justification of torture. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in Paragraph 1 of this article. administrative. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases: 1. the existence in the State concerned of a consistent pattern of gross. Article 3 1. 3.1. No exceptional circumstances whatsoever. 3. When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State.

Article 7 1. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them. Any person in custody pursuant to paragraph 1 of this article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national. 2. The offences referred to in article 4 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. if he is a stateless person. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty. if it does not extradite him. 3. Article 8 1. of the fact that such person is in custody and of the circumstances which warrant his detention. Upon being satisfied. 2. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted. submit the case to its competent authorities for the purpose of prosecution.1. or. it may consider this Convention as the legal basis for extradition in respect of such offenses. pursuant to this article. The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said State and shall indicate whether it intends to exercise jurisdiction. any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present. it shall immediately notify the States referred to in article 5. 2. after an examination of information available to it. to the representative of the State where he usually resides. paragraph 2. shall take him into custody or take other legal measures to ensure his presence. paragraph 1. paragraph 1. When a State. 4. Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings. The State Party in territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found. 3. shall in the cases contemplated in article 5. These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. Extradition shall be subject to the other conditions provided by the law of the requested State. Such State shall immediately make a preliminary inquiry into the facts. In the cases referred to in article 5. the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5. 3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between . that the circumstances so warrant. has taken a person into custody.

Article 10 1. Article 13 Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to and to have his case promptly and impartially examined its competent authorities. Article 12 Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation. methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest. Steps . as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 5. including the supply of all evidence at their disposal necessary for the proceedings. Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel. for the purpose of extradition between States Parties. civil or military.themselves subject to the conditions provided by the law of the requested state. Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such persons. Such offences shall be treated. detention or imprisonment in any territory under its jurisdiction. with a view to preventing any cases of torture. Article 9 1. paragraph 1. 2. wherever there is reasonable ground to believe that an act of torture has been committee in any territory under its jurisdiction. States Parties shall afford one another the greatest measure of assistance in connection with civil proceedings brought in respect of any of the offences referred to in article 4. detention or imprisonment. interrogation or treatment of any individual subjected to any form of arrest. States Parties shall carry out their obligations under paragraph 1 of this article in conformity with any treaties on mutual judicial assistance that may exist between them. 2. Article 11 Each State Party shall keep under systematic review interrogation rules. medical personnel. instructions. public officials and other persons who may be involved in the custody. 4.

consideration being given to equitable geographical distribution and to the usefulness of the participation of some persons having legal experience. The experts shall be elected by the States Parties.shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given. The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibit cruel. inhuman or degrading treatment or punishment. inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1. Article 17 1. Nothing in this article shall affect any right of the victim or other person to compensation which may exist under national law. when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation including the means for as full rehabilitation as possible. except against a person accused of torture as evidence that the statement was made. Article 14 1. Article 16 1. In particular. 11. The Committee shall consist of 10 experts of high moral standing and recognized competence in the field of human rights. . his dependents shall be entitled to compensation. 2. the obligations contained in articles 10. who shall serve in their personal capacity. inhuman or degrading treatment or punishment or which relate to extradition or expulsion. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel. There shall be established a Committee against Torture (hereinafter referred to as the Committee) which shall carry out the functions hereinafter provided. 12 and 13 shall apply with the substitution for references to torture or references to other forms of cruel. Article 15 Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings. 2. In the event of the death of the victim as a result of an act of torture.

indicating the States Parties which have nominated them. 2. Elections of the members of the Committee shall be held at biennial meetings of States Parties convened by the Secretary-General of the United Nations. that 1. Six members shall constitute a quorum. for which two thirds of the States Parties shall constitute a quorum. At least four months before the date of each election. inter alia. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under this Convention. The Committee shall establish its own rules of procedure. However. The initial election shall be held no later than six months after the date of the entry into force of this Convention. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals. immediately after the first election the names of these five members shall be chosen by lot by the chairman of the meeting referred to in paragraph 3. 3. They may be re-elected. States Parties shall bear in mind the usefulness of nominating persons who are also members of the Human Rights Committee established under the International Covenant on Civil and Political Rights and are willing to serve on the Committee against Torture. subject to the approval of the majority of the States Parties. but these rules shall provide. At those meetings. 3. They shall be eligible for re-election if renominated. If a member of the Committee dies or resigns or for any other cause can no longer perform his Committee duties. Decisions of the Committee shall be made by a majority vote of the members present. the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting. The Committee shall elect its officers for a term of two years. . the State Party which nominated him shall appoint another expert from among its nationals to serve for the remainder of his term. the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within three months. The members of the Committee shall be elected for a term of four years. States Parties shall be responsible for the expenses of the members of the Committee while they are in performance of Committee duties. 7. Article 18 1. the term of five of the members elected at the first election shall expire at the end of two years. The approval shall be considered given unless half or more of the States Parties respond negatively within six weeks after having been informed by the Secretary-General of the United Nations of the proposed appointment. 6. and shall submit it to the States Parties. 4.2. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated. 2. 5.

together with the observations thereon received from the State Party concerned.4. the Committee shall meet at such times as shall be provided in its rules of procedure. reports on the measures they have taken to give effect to their undertakings under this Convention. 3. such an inquiry may include a visit to its territory. if it decides that this is warranted. The Secretary-General of the United Nations shall convene the initial meeting of the Committee. 3. the Committee may also include a copy of the report submitted under paragraph 1. After its initial meeting. 2. the Committee shall seek the co-operation of the State Party concerned. the Committee shall transmit these findings to . The Committee may. 5. such as the cost of staff and facilities. If an inquiry is made in accordance with paragraph 2. Taking into account any observations which may have been submitted by the State Party concerned as well as any other relevant information available to it.] Article 20 1. If the Committee receives reliable information which appears to it to contain well-founded indications that torture is being systematically practised in the territory of a State Party. That State Party may respond with any observations it chooses to the Committee. The State Parties shall be responsible for expenses incurred in connection with the holding of meetings of the States Parties and of the Committee. 4. including reimbursement of the United Nations for any expenses. [Each report shall be considered by the Committee which may make such comments or suggestions on the report as it considers appropriate. at its discretion. designate one or more of its members to make a confidential inquiry and to report to the Committee urgently. through the SecretaryGeneral of the United Nations. decide to include any comments or suggestions made by it in accordance with paragraph 3. The Secretary-General shall transmit the reports to all States Parties. After examining the findings of its member or members submitted in accordance with paragraph 2. 4. The States Parties shall submit to the Committee. and such other reports as the Committee may request. 2. the Committee may. within one year after the entry into force of this Convention for the State Party concerned. In agreement with that State Party. If so requested by the State Party concerned. in its annual report made in accordance with article 24. Article 19 1. the Committee shall invite that State Party to cooperate in the examination of the information and to this end to submit observations with regard to the information concerned. Thereafter the States Parties shall submit supplementary reports every four years on any new measures taken. incurred by the United Nations pursuant to paragraph 3 above. and shall forward these to the State Party concerned.

the State Party concerned together with any comments or suggestions which seem appropriate in view of the situation. by written communication. Article 21 1. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation or any other statement in writing clarifying the matter which should include. references to domestic procedures and remedies taken. and at all stages of the proceedings the cooperation of the State Party shall be sought. If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication. Communications received under this article shall be dealt with in accordance with the following procedure: 1. For this purpose. 5. 2. decide to include a summary account of the results of the proceedings in its annual report made in accordance with article 24. A State Party to this Convention may at any time declare under this article 3 that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention. 3. No communication shall be dealt with by the Committee under this article if it concerns a State Party which has not made such a declaration. in conformity with the generally recognized principles of international law. it may. The Committee shall deal with a matter referred to it under this article only after it has ascertained that all domestic remedies have been invoked and exhausted in the matter. or available in the matter. The Committee shall hold closed meetings when examining communications under this article. the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for the obligations provided for in the present Convention. either State shall have the right to refer the matter to the Committee by notice given to the Committee and to the other State. All the proceedings of the Committee referred to in paragraphs 1 to 4 of this article shall be confidential. . 4. bring the matter to the attention of that State Party. the Committee may. Subject to the provisions of subparagraph (c). Such communications may be received and considered according to the procedures laid down in this article only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. This shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention. after consultations with the State Party concerned. If a State Party considers that another State Party is not giving effect to the provisions of this Convention. 5. After such proceedings have been completed with regard to an inquiry made in accordance with paragraph 2. pending. to the extent possible and pertinent.

If a solution within the terms of subparagraph (e) is not reached. when appropriate. The Committee shall consider inadmissible any communication under this article which is anonymous. Such declarations shall be deposited by the States Parties with the SecretaryGeneral of the United Nations. or which it considers to be an abuse of the right of submission of such communications or to be incompatible with the provisions of this Convention. The States Parties concerned. Article 22 1. In every matter. 2. A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention. 7. If a solution within the terms of subparagraph (e) is reached. The Committee shall. The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article. set up an ad hoc conciliation commission. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article. within 12 months after the date of receipt of notice under subparagraph (b). 1. In any matter referred to it under this article.the Committee may. unless the State Party concerned has made a new declaration. . referred to in subparagraph (b). A declaration may be withdrawn at any time by notification to the Secretary-General. 2. shall have the right to be represented when the matter is being considered by the Committee and to make submissions orally and/or in writing. submit a report. referred to in subparagraph (b). the report shall be communicated to the States Parties concerned. no further communication by any State Party shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary-General. 2. the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. the Committee shall confine its report to a brief statement of the facts. the Committee shall confine its report to a brief statement of the facts and of the solution reached. the Committee may call upon the States Parties concerned. No communication shall be received by the Committee if it concerns a State Party to the Convention which has not made such a declaration. 8. 6. to supply any relevant information. who shall transmit copies thereof to the other States Parties.

The individual has exhausted all available domestic remedies. The Committee shall not consider any communication from an individual under this article unless it has ascertained that: 1. 2.3. The Committee shall hold closed meetings when examining communications under this article. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article. that may have been taken by that State. no further communication by or on behalf of an individual shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary-General. A declaration may be withdrawn at any time by notification to the Secretary-General. unless the State Party concerned has made a new declaration. paragraph 1 (e). 6. Within six months. The Committee shall forward its views to the State Party concerned and to the individual. this shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention. privileges and immunities of experts on missions for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations. The Committee shall consider communications received under this article in the light of all information made available to it by or on behalf of the individual and by the State Party concerned. and of the ad hoc conciliation commissions which may be appointed under article 21. Article 23 The members of the Committee. the Committee shall bring any communication submitted to it under this article to the attention of the State Party to this Convention which has made a declaration under paragraph 1 and is alleged to be violating any provisions of the Convention. Such declarations shall be deposited by the States Parties with the SecretaryGeneral of the United Nations. and is not being examined under another procedure of international investigation or settlement. . 7. if any. who shall transmit parties thereof to the other States Parties. The same matter has not been. the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy. Article 24 The Committee shall submit an annual report on its activities under this Convention to the States Parties and to the General Assembly of the United Nations. 5. Subject to the provisions of paragraph 2. shall be entitled to the facilities. 8. 4. The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article.

Any State Party to this Convention may propose an amendment and file it with the Secretary-General of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted by the Secretary-General to all the States Parties for acceptance. Instruments of ratification shall be deposited with the Secretary-General of the United Nations. declare that it does not recognize the competence of the Committee provided for in article 20. Any State Party having made a reservation in accordance with paragraph 1 of this article may. In the event that within four months from the date of such communication at least one third of the State Parties favours such a conference. Each State may. For each State ratifying this Convention or acceding to it after the deposit of the twentieth instrument of ratification or accession. the Secretary-General shall convene the conference under the auspices of the United Nations. This Convention is open for signature by all States.Part III Article 25 1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession. 2. the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or accession. Article 28 1. This Convention is subject to ratification. The Secretary-General shall thereupon communicate the proposed amendment to the States Parties to this Convention with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposal. 2. withdraw this reservation by notification to the Secretary-General of the United Nations. Article 29 1. 2. at the time of signature or ratification of this Convention or accession thereto. Article 27 1. at any time. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. . Article 26 This Convention is open to accession by all States.

any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court. An amendment adopted in accordance with paragraph 1 shall enter into force when two thirds of the States Parties to this Convention have notified the Secretary-General of the United Nations that they have accepted it in accordance with their respective constitutional processes. or the following particulars: . When amendments enter into force. Article 31 1. The other States Parties shall not be bound by the preceding paragraph with respect to any State Party having made such a reservation. be submitted to arbitration. Such a denunciation shall not have the effect of releasing the State Party from its obligations under this Convention in regard to any act or omission which occurs prior to the date at which the denunciation becomes effective. Each State may at the time of signature or ratification of this Convention or accession thereto. Article 30 1. Nor shall denunciation prejudice in any way the continued consideration of any matter which is already under consideration by the Committee prior to the date at which the denunciation becomes effective. 3. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation.2. 2. other States Parties still being bound by the provisions of this Convention and any earlier amendments which they have accepted. 3. at the request of one of them. Article 32 The Secretary-General of the United Nations shall inform all members of the United Nations and all States which have signed this Convention or acceded to it. 2. shall. Any State Party having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Secretary-General of the United Nations. Following the date at which the denunciation of a State Party becomes effective. the Committee shall not commence consideration of any new matter regarding that State. Denunciation becomes effective one year after the date of receipt of the notification by the Secretary-General. 3. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration. declare that it does not consider itself bound by the preceding paragraph. A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. they shall be binding on those States Parties which have accepted them.

1985. from Austria on March 14. Dominican Republic. Russian and Spanish texts are equally authentic. At that time. Senegal. Spain. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States. On February 4. 9745 AN ACT PENALIZING TORTURE AND OTHER CRUEL. 1985. (signatures) Republic of the Philippines Congress of the Philippines Metro Manila Fourteenth Congress Third Regular Session Begun and held in Metro Manila. Denunciations under article 31. INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. the Convention was opened for signature at United Nations Headquarters in New York. and the date of the entry into force of any amendments under article 29.This Ad shall be known as the "Anti-Torture Act of 2009". Chinese. Portugal. Subsequently.1. on Monday. signatures were received from Venezuela on February 15. Argentina. and from the United Kingdom on March 15. 2. Costa Rica. shall be deposited in the archives of the United Nations. representatives of the following countries signed it: Afghanistan. The date of entry into force of this Convention under article 27. Iceland. Sweden. from Luxembourg and Panama on February 22. REPUBLIC ACT N0. 3. Netherlands. the twenty-seventh day of July. Signatures. Italy. . 2. This Convention. . of which the Arabic. Short Title. English. Belgium. Finland. ratifications and accessions under articles 25 and 26. France. Article 33 1. two thousand nine. French. Switzerland and Uruguay. Bolivia. Greece. Norway. Denmark.

inhuman and degrading treatment or punishment" refers to a deliberate and aggravated treatment or punishment not enumerated under Section 4 of this Act. the Convention on the Rights of the Child (CRC). (c) To ensure that secret detention places.It is hereby declared the policy of the State: (a) To value the dignity of every human person and guarantee full respect for human rights. whether physical or mental. (c) "Victim" refers to the person subjected to torture or other cruel. or other cruel. where torture may be carried out with impunity. and (d) To fully adhere to the principles and standards on the absolute condemnation and prohibition of torture as provided for in the 1987 Philippine Constitution. gross humiliation or debasement to the latter.For purposes of this Act. the Convention on the Elimination of All Forms of Discrimination Against Women (CEDA W) and the Convention Against Torture and Other Cruel. violence. and all other relevant international human rights instruments to which the Philippines is a signatory. Statement of Policy. is intentionally inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession. (b) "Other cruel. inflicted by a person in authority or agent of a person in authority against a person under his/her custody. (b) To ensure that the human rights of all persons. are prohibited. agent of a person authority shall be subjected to physical. . the following terms shall mean: (a) "Torture" refers to an act by which severe pain or suffering. inherent in or incidental to lawful sanctions. . the International Covenant on Civil and Political Rights (ICCPR). punishing him/her for an act he/she or a third person has committed or is suspected of having committed. incommunicado or other similar forms of detention. or for any reason based on discrimination of any kind. Definitions. It does not include pain or Buffering arising only from. or intimidating or coercing him/her or a third person. force. . including suspects. which attains a level of severity causing suffering. detainees and prisoners are respected at all times. Inhuman or Degrading Treatment or Punishment (CAT). and that no person placed under investigation or held in custody of any person in authority or. but not limited to. when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person in authority or agent of a person in authority. threat or intimidation or any act that impairs his/her free wi11 or in any manner demeans or degrades human dignity. inhuman and degrading treatment or punishment. various international instruments to which the Philippines is a State party such as. solitary. psychological or mental harm. inhuman and degrading treatment or punishment as defined above and any individual who has suffered harm as a result of any act(s) of torture. Section 3.Section 2.

striking with truncheon or rifle butt or other similar objects. (8) Mutilation or amputation of the essential parts of the body such as the genitalia. and jumping on the stomach. kicking. ear. Acts of Torture. police or any law enforcement agency of the government. vomit and/or blood until the brink of suffocation. or acids or spices directly on the wound(s). etc. by the rubbing of pepper or other chemical substances on mucous membranes. urine. animal or human excreta and other stuff or substances not normally eaten. (9) Dental torture or the forced extraction of the teeth.. exhaustion. burning by electrically heated rods. disability or dysfunction of one or more parts of the body. such as: (1) Systematic beating. . including the insertion of foreign objects into the sex organ or rectum. Section 4. (7) Rape and sexual abuse.For purposes of this Act. acid. (4) Cigarette burning. through the use of means allowed by domestic and international law. (3) Electric shock. (10) Pulling out of fingernails. headbanging. punching. (2) Food deprivation or forcible feeding with spoiled food. listing the names of persons and organizations that it perceives to be enemies of the State and that it considers as legitimate targets as combatants that it could deal with. tongue. the following: (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain. (6) Being tied or forced to assume fixed and stressful bodily position. .(d) "Order of Battle" refers to any document or determination made by the military. (5) The submersion of the head in water or water polluted with excrement. torture shall include. (12) The use of plastic bag and other materials placed over the head to the point of asphyxiation. but not be limited to. hot oil. (11) Harmful exposure to the elements such as sunlight and extreme cold. or electrical torture of the genitals.

and (b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale. and (12) Other analogous acts of mental/psychological torture. public display or public humiliation of a detainee or prisoner. parading him/her in public places. shaving the victim's head or putting marks on his/her body against his/her will. such as: (1) Blindfolding. (2) Threatening a person(s) or his/fher relative(s) with bodily harm. such as: (i) The administration or drugs to induce confession and/or reduce mental competency. (4) Prolonged interrogation. memory.(13) The use of psychoactive drugs to change the perception. alertness or will of a person. relatives or any third party. (5) Preparing a prisoner for a "show trial". . (9) Denial of sleep/rest. (11) Deliberately prohibiting the victim to communicate with any member of his/her family. (3) Confinement in solitary cells or secret detention places. (8) Causing the torture sessions to be witnessed by the person's family. (7) Maltreating a member/s of a person's family. or (ii) The use of drugs to induce extreme pain or certain symptoms of a disease. and (14) Other analogous acts of physical torture. (6) Causing unscheduled transfer of a person deprived of liberty from one place to another. creating the belief that he/she shall be summarily executed. (10) Shame infliction such as stripping the person naked. execution or other wrongful acts.

Other cruel. or a document or any determination comprising an "order of battle" shall not and can never be invoked as a justification for torture and other cruel. such list to be periodically updated. Section 6. . AFP and other law enforcement agencies shall also maintain a similar list far all detainees and detention facilities within their respective areas. the Philippine National Police (PNP). Institutional Protection of Torture Victims and Other Persons Involved. Exception. and submit a copy. gross humiliation or debasement to the latter. Other Cruel. A copy of the complete list shall likewise be submitted by the PNP. A state of war or a threat of war. This list shall be made available to the public at all times.A victim of torture shall have the following rights in the institution of a criminal complaint for torture: (a) To have a prompt and an impartial investigation by the CHR and by agencies of government concerned such as the Department of Justice (DOJ). religion. including the duration of the treatment or punishment.Torture and other cruel. and shall make the same available to the public at all times at their respective regional headquarters. its physical and mental effects and. the National Bureau of Investigation (NBI) and the AFP. inflicted by a person in authority or agent of a person in authority against another person in custody. In which case. inhuman and degrading treatment or punishment as criminal acts shall apply to all circumstances. in some cases. Section 7. except if the same is used as evidence against a person or persons accused of committing torture. . age and state of health of the victim. An Absolute Bight. inhuman and degrading treatment or punishment.Secret detention places. and the crime or offense committed. the Public Attorney's Office (PAO). by the same agencies. solitary confinement. . A . Section 8. updated in the same manner provided above. Applicability of the Exclusionary Rule. which attains a level of severity sufficient to cause suffering. among others.Section 5.Any confession. with a copy of the complete list available at the respective national headquarters of the PNP and AFP. date of arrest and incarceration. Are hereby prohibited. Section 9. to the respective regional offices of the CHR. admission or statement obtained as a result of torture shall be inadmissible in evidence in any proceedings. internal political instability. Prohibited Detention. where torture may be carried out with impunity. AFP and all other law enforcement agencies to the Commission on Human Rights (CHR). incommunicado or other similar forms of detention. or any other public emergency. Freedom from Torture and Other Cruel. within the first five (5) days of every month at the minimum. the Armed Forces of the Philippines (AFP) and other law enforcement. the sex. . Every regional office of the PNP. The assessment of the level of severity shall depend on all the circumstances of the case. Inhuman and Degrading Treatment or Punishment. . Inhuman and Degrading Treatment or Punishment. the PNP. inhuman or degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment not enumerated under Section 4 of this Act. names. agencies concerned shall make an updated list of all detention centers and facilities under their respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated or detained therein such as.

If the person arrested is a female. . but not limited to. inhuman and degrading treatment or punishment. . every person arrested. In which case. (b) To have sufficient government protection against all forms of harassment. witnesses and relatives. Right to' Physical. which shall include in detail his/her medical history and findings. Assistance in Filing a Complaint. An appeal whenever available shall be resolved within the same period prescribed herein. . The victim or interested party may also seek legal assistance from the Barangay Human Rights Action Center (BRRAC) nearest him/her as well as from human rights nongovernment organizations (NGOs). or other appropriate order of a court relative thereto. detained or under custodial investigation shall have the right to he informed of his/her right to demand physical examination by an independent and competent doctor of his/her own choice. If such person cannot afford the services of his/her own doctor. and (c) To be accorded sufficient protection in the manner by which he/she testifies and presents evidence in any fora in order to avoid further trauma. any person arrested. duly signed by the attending physician. detained or under custodial investigation. Amparo and Habeas Data Proceedings and Compliance with a Judicial 07'der. the State through its appropriate agencies shall afford security in order to ensure his/her safety and all other persons involved in the investigation and prosecution such as. his/her lawyer. including his/her immediate family. .Before and after interrogation. degrading and inhuman treatment or punishment shall be disposed of expeditiously and any order of release by virtue thereof. Furthermore. she shall be attended to preferably by a female doctor. Section 10. Disposition of Writs of Habeas Corpus. and which shall he attached to the custodial investigation report. shall be executed or complied with immediately. The State shall endeavor to provide the victim with psychological evaluation if available under the circumstances. Section 11.The CHR and the PAO shall render legal assistance in the investigation and monitoring and/or filing of the complaint for a person who suffers torture and other cruel. The physical examination and/or psychological evaluation of the victim shall be contained in a medical report. if any. or for any interested party thereto. threat and/or intimidation as a consequence of the filing of said complaint or the presentation of evidence therefor. he/she shall he provided by the State with a competent and independent doctor to conduct physical examination. shall have the right to immediate access to proper and adequate medical treatment. Medical and Psychological Examination.A writ of habeas corpus or writ of amparo or writ of habeas data proceeding. Section 12.prompt investigation shall mean a maximum period of sixty (60) working days from the time a complaint for torture is filed within which an investigation report and/or resolution shall be completed and made available. filed on behalf of the victim of torture or other cruel. Such report shall be considered a public document.

the medical reports shall.Any person who actually participated Or induced another in the commission of torture or other cruel. did not take preventive or corrective action either before. (b) The name and address of the nearest kin of the patient or victim. include: (a) The name. (c) The name and address of the person who brought the patient or victim for physical.Following applicable protocol agreed upon by agencies tasked to conduct physical. owing to the circumstances at the time.lvision may knowingly and voluntarily waive such rights in writing. should have known that acts of torture or other cruel. or negligence committed by him/her that shall have led. pain. among others. disease and/or trauma was/were sustained. (f) The place where the injury. the prognosis and/or disposition of the patient. disease and/or trauma was/were sustained. (e) The approximate time and date when the injury. Any person who does not wish to avail of the rights under this pr<. pain. the commission thereof by his/her subordinates. (g) The time. If he/she has knowledge of or. and/or medical treatment. executed in the presence and assistance of his/her counsel. during or immediately after its commission. inhuman and degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel. Who are Criminally Liable. inhuman and degrading treatment or punishment by previous or simultaneous acts shall be liable as principal Any superior military. date and nature of treatment necessary. pain and disease and/or trauma. psychological and mental examinations. despite such knowledge. Section 13. age and address of the patient or victim. abetted or allowed. assisted. . inhuman and degrading treatment or punishment shall be committed. whether directly or indirectly. when he/she has the authority to prevent or . psychological and mental examination. or has been committed by his/her subordinates or by others within his/her area of responsibility and. police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals. and (h) The diagnosis. The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission. (d) The nature and probable cause of the patient or victim's injury. is being committed.

or(c) By harboring. (3) Torture with rape. inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof in order to prevent its discovery. and (5) Torture committed against children. (2) Torture resulting in mutilation. ' (d) The penalty of prision mayor in its medium and maximum periods shall be imposed if. . Section 14. (b) By concealing the act of torture or other cruel. fear of becoming insane or suicidal tendencies of the victim due to guilt. concealing or assisting m the escape of the principal/s in the act of torture or other cruel. inhuman and degrading treatment or punishment: Provided. (4) Torture with other forms of sexual abuse and. inhuman and degrading treatment or punishment is being committed and without having participated therein. the victim shall have become insane. That the accessory acts are done with the abuse of the official's public functions.(a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the following acts: (1) Torture resulting in the death of any person. (c) The penalty of prision correccional shall be imposed on those who commit any act of torture resulting in psychological. (b) The penalty of reclusion temporal shall be imposed on those who commit any act of mental/psychological torture resulting in insanity. either as principal or accomplice. imbecile. complete or partial amnesia. impotent. worthlessness or shame. in consequence of torture. in consequence of torture. blind or maimed for life. inhuman and degrading treatment or punishment. takes part subsequent to its commission in any of the following manner: (a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel. Penalties. whether deliberately or due to negligence shall also be liable as principals. inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act. Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel. mental and emotional harm other than those described 1n paragraph (b) of this section. the victim shall have lost the power of speech or the power .investigate allegations of torture or other cruel.

or shall have lost the use of any such member. a hand. .In order not to depreciate the crime of torture. incommunicado or other similar forms of prohibited detention as provided in Section 7 of this Act where torture may be carried out with impunity. persons who have committed any act of torture shall not benefit from any special amnesty law or similar measures that will have the effect of exempting them from any criminal proceedings and sanctions. .to hear or to smell. returned or extradited to another State where there are substantial grounds to believe that such person shall be in danger of .Torture as a crime shall not absorb or shall not be absorbed by any other crime or felony committed as a consequence. torture shall be treated as a separate and independent criminal act whose penalties shall be imposable without prejudice to any other criminal liability provided for by domestic and international laws. (g) The penalty of prision correccional in its minimum and medium period shall be imposed if. in consequence of torture. (h) The penalty of arresto mayor shall be imposed for acts constituting cruel. In which case. . Applicability of Refouler. (e) The penalty of prision mayor in its minimum and medium periods shall be imposed if.No person shall be expelled. pursuant to Section 7 of this Act. the victim shall have been ill or incapacitated for labor for thirty (30) days or less. Exclusion from the Coverage of Special Amnesty Law. the victim shall have been ill or incapacitated for labor for mare than thirty (30) days but not more than ninety (90) days. Section 17. the PNP and other law enforcement agencies for failure to perform his/her duty to maintain. Section 16. Torture as a Separate and Independent Crime. (i) The penalty of prision correccional shall be imposed upon those who establish. in consequence of torture. Or shall have become permanently incapacitated for labor. submit or make available to the public an updated list of detention centers and facilities with the corresponding data on the prisoners or detainees incarcerated or detained therein. or shall have lost the use thereof. inhuman or degrading treatment or punishment as defined in Section 5 of this Act. (j) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel of the AFP. operate and maintain secret detention places and/or effect or cause to effect solitary confinement. in consequence of torture. an arm or a leg. or shall have been ill or incapacitated for labor for a period of more than ninety (90) days. a foot. (f) The penalty of prision correccional in its maximum period to prision mayor in its minimum period shall be imposed if. or shall have lost an eye. the victim shall have become deformed or shall have lost any part of his/her body other than those aforecited. Section 15. or as a means in the conduct or commission thereof.

the DOJ and the Department of Health (DOH) and such other concerned government agencies. the respective Chairpersons of the House of Representatives' Committees on Justice and Human Rights. psychological healing and development of victims of torture and their families. mental. in coordination with the Chairperson of the CHR.The CHR. Toward the attainment of restorative justice. where applicable and not limited to. The DSWD. . Formulation of a Rehabilitation Program. That in no case shall compensation be any lower than Ten thousand pesos (P10. flagrant or mass violations of human rights. . the Department of National Defense (DND). . a parallel rehabilitation program for persons who have committed torture and other cruel. inhuman and degrading treatment or punishment shall be fully included in the training of law enforcement personnel.being subjected to torture. Section 18. Section 22. For the purposes of determining whether such grounds exist.Any person who has suffered torture shall have the right to claim for compensation as provided for under Republic Act No. Section 21. Compensation to Victims of Torture. . the DOJ and thc DOH shall also call on human rights nongovernment organizations duly recognized by the government to actively participate in the formulation of such program that shall provide for the physical. Section 20. The Committee shall be headed by a Commissioner of the CRR. and human rights organizations shall formulate a comprehensive rehabilitation program for victims of torture and their families. Education and Information Campaign. with the following as members: the Chairperson of the Senate Committee on Justice and Human Rights.00). Victims of torture shall also have the right to claim for compensation from such other financial relief programs that may be made available to him/her under existing law and rules and regulations. inhuman and degrading punishment shall likewise be formulated by the same agencies. Section 19. medical personnel. interrogation or treatment of any individual subjected to any form of arrest. shall take into account all relevant considerations including.Within one (1) year from the effectivity of this Act. . secondary and tertiary level academic institutions nationwide. civil or military.The provisions of the Revised Penal Code insofar as they are applicable shall be suppletory to this Act. Monitoring of Compliance with this Act. 7309: Provided. the Secretary of the Department of Foreign Affairs (DFA) and the Secretary of the DOJ. the existence in the requesting State of a consistent pattern of gross.An Oversight Committee is hereby created to periodically oversee the implementation of this Act. Moreover. and the Minority Leaders of both houses or their respective representatives in the minority. if the commission of any crime punishable under Title Eight (Crimes Against Persons) and Title Nine (Crimes Against Personal Liberty and Security) of the Revised Penal Code is attended by any of the acts . detention or imprisonment. The Department of Education (DepED) and the Commission on Higher Education (CHED) shall also ensure the integration of human rights education courses in all primary. the Department of Social Welfare and Development (DSWD). the Department of the Interior and Local Government (DILG) and such other concerned parties in both the public and private sectors shall ensure that education and information regarding prohibition against torture and other cruel.000. Applicability of the Revised Penal Code. social. public officials and other persons who may be involved in the custody. the DOJ.

The DOJ and the CHR. shall promulgate the rules and regulations for the effective implementation of tills Act. decrees.This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation. . Implementing Rules and Regulations.) PROSPERO C.) EMMA LIRIO-REYES Secretary of Senate . Appropriations. . . Repealing Clause. Section 25. inhuman and degrading treatment or punishment as defined herein.00) is hereby appropriated to the CHR for the initial implementation of tills Act. such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.000. with the active participation of human rights nongovernmental organizations.All laws. They shall also ensure the full dissemination of such rules and regulations to all officers and members of various law enforcement agencies. Effectivity. (Sgd. (Sgd.000.constituting torture and other cruel.) GLORIA MACAPAGAL-ARROYO President of the Philippines (Sgd.The amount of Five million pesos (Php5. the other provisions not affected thereby shall continue to be in full force and effect. executive orders or rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly. . the penalty to be imposed shall be in its maximum period. . 5709 and Senate Bill No. Section 24.) MARILYN B. 2009 (Sgd. Separability Clause. Thereafter. Section 23. 1978 was finally passed by the House of Representatives and the Senate on September 2. BARUAYAP Secretary General House of Representives Approved: November 10. NOGRALES Speaker of the House of Representatives (Sgd.If any provision of this Act is declared invalid or unconstitutional. Section 27.2009. Section 26.) JUAN PONCE ENRILE President of the Senate This Act which is a consolidation of House Bill No. Approved.

Millson. Cravath.C. Docket Nos. Ken Saro-Wiwa. Swaine & Moore.C. This case concerns the application of forum non conveniens doctrine to suits under the Alien Tort Claims Act (ATCA). Goldstein on the brief) for Defendants-Appellees-Cross-Appellants. 99-7223. N.WIWA v. 2000 Before:  OAKES. we reverse. Defendants-Appellees-Cross-Appellants.L.September 14.Y. and Shell Transport and Trading Company. New York.Y. P.   Defendant Shell Transport is a holding company incorporated and headquartered .   Plaintiffs appeal. Beth Stephens. BACKGROUND A. 1999 -. Argued:  Oct. 28 U. and Jane Doe.   As to the dismissal for forum non conveniens.. incorporated in the Netherlands and the United Kingdom respectively. who allege that they (or in some cases their deceased next of kin) suffered grave human rights abuses at the hands of the Nigerian authorities.   Plaintiffs are three Nigerian émigrés.   Defendants contend that. Allegations of the Complaint Defendant Royal Dutch is a holding company incorporated and headquartered in the Netherlands. J. the court lacked personal jurisdiction over them.S. Plaintiffs-Appellants-CrossAppellees.Rory O.   Defendants Royal Dutch Petroleum Company (“Royal Dutch”) and Shell Transport and Trading Co. arguing. (Sandra C. N. PA (Jennifer M. P. involving claimed abuses of the international law of human rights. on the brief) for Plaintiffs-Appellants-CrossAppellees. regardless of the propriety of a dismissal based on forum non conveniens. Circuit Judges. v. and a woman identified only as Jane Doe to protect her safety. Elkins Park. and Richard Herz. ROYAL DUTCH PETROLEUM COMPANY Ken WIWA.C.L. and Blessing Kpuinen. John Kpuinen. 99-7245. New York. that the district court erred in not affording sufficient weight to the plaintiffs' choice of forum and to the interests of the United States in providing a forum for the adjudication of claims of abuse of international human rights.) dismissed the action for forum non conveniens after determining that England is an adequate alternative forum and that a balancing of public interest and private interest factors make the British forum preferable. Center for Constitutional Rights.   We hold that the district court properly exercised jurisdiction over the defendants.. individually and as Administratrix of the Estate of her husband. Judith Brown Chomsky. inter alia. LEVAL and POOLER. individually and as Administrator of the Estate of his deceased father. Green. (“Shell Transport”) are business corporations.   The district court (Wood. that are alleged to have directly or indirectly participated in or directed these abuses. ROYAL DUTCH PETROLEUM COMPANY. Owens Wiwa. 22. § 1350.

and logistical support to the Nigerian military. a wholly-owned Nigerian subsidiary of the defendants that engages in extensive oil exploration and development activity in the Ogoni region of Nigeria. orchestrated.   Royal Dutch also maintains an Internet site. participated in the fabrication of murder charges against Saro-Wiwa and Kpuinen. accessible in New York. Both companies list their shares. vertically integrated network of affiliated but formally independent oil and gas companies. in reprisal for their political opposition to the defendants' oil exploration activities. and that Saro-Wiwa's family-including Ken Saro-Wiwa's 74-year-old mother-were beaten by Nigerian officials while attending his trial.   They conduct activities in New York incident to this listing. along with other Ogoni leaders. Saro-Wiwa and Kpuinen were hanged.2 on the New York Stock Exchange. Shell Nigeria recruited the Nigerian police and military to attack local villages and suppress the organized opposition to its development activity. Facts Relating to Jurisdiction in New York 1.   The complaint further alleges that plaintiff Owens Wiwa (Saro-Wiwa's brother) was illegally detained by Nigerian authorities.   In 1995. including the vehicles and ammunition used in the raids on the villages. international.   Ken Saro-Wiwa was an opposition leader and President of the Movement for the Survival of the Ogoni People (MSOP). weapons.   A protest movement arose among the Ogoni.   The two defendants jointly control and operate the Royal Dutch/Shell Group.in England. that plaintiff Jane Doe was beaten and shot by the Nigerian military in a raid upon her village.   Among these affiliated companies is Shell Petroleum Development Company of Nigeria.   The Royal Dutch/Shell Group allegedly provided money. Ltd. They have .   According to the complaint. According to the complaint. a vast. including the preparation of filings for the Securities and Exchange Commission (SEC) and the employment of transfer agents and depositories for their shares.  John Kpuinen was a leader of the MSOP's youth wing. Allegedly.1 B. The amended complaint (“the complaint”) alleges that plaintiffs and their next of kin (hereafter collectively referred to as “Plaintiffs”) were imprisoned. detained and tortured by the Nigerian government because of their leadership roles in the protest movement. and facilitated by Shell Nigeria under the direction of the defendants. and killed by the Nigerian government in violation of the law of nations at the instigation of the defendants. (“Shell Nigeria”).   Allegedly. Shell Nigeria coercively appropriated land for oil development without adequate compensation.   Saro-Wiwa and Kpuinen were repeatedly arrested. while these abuses were carried out by the Nigerian government and military. Defendants' New York Stock Exchange Listings and Sundry Activities Neither of the defendants has extensive direct contacts with New York. they were instigated. and bribed witnesses to give false testimony against them. after being convicted of murder by a special military tribunal. planned. and caused substantial pollution of the air and water in the homeland of the Ogoni people. either directly or indirectly. procured at least some of these attacks. they were convicted on fabricated evidence solely to silence political criticism and were not afforded the legal protections required by international law. tortured.

  Shell Oil has extensive operations in New York and is undisputedly subject to the jurisdiction of the New York courts. and characteristically seeks the defendants' approval before scheduling meetings and making other similar decisions. including New York. on a theory of responsibility for the actions of their subsidiary Shell Nigeria.   More specifically. inhuman.  torture.participated in at least one lawsuit in New York as defendants. two of the four plaintiffs (Blessing Kpuinen and Owens Wiwa) lived in the United States. C. the complaint alleges that the defendants are liable for summary execution.  cruel. 18 U.  arbitrary arrest and detention. but Shell Oil is reimbursed by the defendants. administered by James Grapsi. 1996 and filed an amended complaint on April 29.   It is not entirely clear whether the liability of the defendants is predicated on their own actions.  violations of the rights to life. and organizing meetings between officials of the defendants and investors. Defendants' Maintenance of an Investor Relations Office in New York City The defendants also maintain an Investor Relations Office in New York City. international law and treaties. 1997. However. §§ 1961-1968. Nigerian law. Proceedings Below Plaintiffs filed this action on November 8. all of its functions involve facilitating the relations of the parent holding companies.  assault and battery.   The amended complaint seeks damages under the ATCA.C. liberty. with the investment community. who therefore bear the full expense of the office. and degrading treatment. and financial analysts. (SPI). whose title is “Manager of Investor Relations.   Those expenses average about $45. without contesting jurisdiction. the well-known oil and gas concern. security of the person.   The expenses of the office (consisting primarily of rent and salaries) are directly paid in the first instance by Shell Oil. or about $500.   The Investor Relations Office's duties involve fielding inquiries from investors and potential investors in Royal Dutch and Shell Transport. 2.S. or on a combination of both. a Delaware corporation. and peaceful assembly and association.  and conspiracy. mailing information about the defendants to thousands of individuals and entities throughout the United States. Defendants own subsidiary companies that do business in the United States. At the time of the filing.   SPI in turn owns all the shares of Shell Oil Company (Shell Oil).   They have for many years retained New York counsel. potential investors. though not in New York.  crimes against humanity.000 per month. Grapsi manages these functions out of a New York City office located in the Southern District of New York. including Shell Petroleum Inc. and various state law torts.  wrongful death. the defendants Royal Dutch and Shell Transport.  intentional and negligent infliction of emotional distress.3 .000 per year. the Racketeering Influenced and Corrupt Organizations Act (RICO).   Each year the Investor Relations Office organizes about six such sessions and schedules them for various financial centers throughout the United States.”   The office is nominally a part of Shell Oil.

  Explicitly reserving the “difficult” questions of substantive law raised by the defendants' 12(b)(6) motion.  (3) the Investor Relations activities are legally insufficient to confer general jurisdiction. Texaco.   While the Magistrate Judge rejected all of these theories. under prevailing law. plaintiffs offered multiple theories as to why New York could properly exercise personal jurisdiction over the defendants.1998). § 301. the activities of the Investor Relations Office on the defendants' behalf in New York were both attributable to the defendants and sufficient to confer jurisdiction. alternatively. C. which conditions defendants accepted. Magistrate Judge Henry Pitman recommended that Judge Wood dismiss the case for lack of jurisdiction or. Judge Wood. DISCUSSION A. waive a security bond.” Fed. he determined that England was an “adequate alternative forum” and that the various factors a court is required to balance in evaluating such a motion favor adjudication of the dispute in England. 1999. Upon plaintiffs' objections to the Magistrate Judge's Report. for forum non conveniens.   In a Report and Recommendation dated March 31. by order dated September 25. a court may exercise jurisdiction over any defendant “who could be subjected to the jurisdiction of a court of general jurisdiction in the state in which the district court is located. comply with all discovery orders. Inc.The defendants moved to dismiss for lack of personal jurisdiction. 1998.L. Magistrate Judge Pitman found that neither the maintenance of the Investor Relations Office nor the defendants' direct actions in New York. Judge Wood granted their motion. 157 F. but accepted the Magistrate Judge's recommendation to dismiss for forum non conveniens. found that jurisdiction over the defendants was established under § 301 by virtue of their maintenance of the Investor Relations Office in New York.   The question is therefore whether the defendants may be subjected to the jurisdiction of the courts of the State of New York. 1998.P.   On appeal. Personal Jurisdiction Under the Federal Rules of Civil Procedure.3d 153 (2d Cir. and failure to state a claim.  and (4) exercising jurisdiction over the defendants would violate the fairness requirement of the Due . 4(k)(1)(a). to the extent of conditioning dismissal on the defendants' commitment to consent to service of process in England.R.   Turning to the forum non conveniens issue. defendants make four arguments:  (1) these activities are not attributable to the defendants for jurisdictional purposes. provided of course that such an exercise of jurisdiction comports with the Fifth Amendment's Due Process Clause. the district court held that.. forum non conveniens. Plaintiffs moved for reconsideration in light of this court's decision in Jota v.   By order dated January 20. pay any judgment rendered in England.P.  (2) these New York activities cannot be considered in the jurisdictional calculus because they are merely “incidental” to a stock market listing and are jurisdictionally inconsequential as a matter of law.R.Civ. Before the court below. as required to establish general jurisdiction under N. and waive a statute of limitations defense if an action is begun in England within one year of the conclusion of these proceedings.   Otherwise the motion was denied. were sufficient to constitute “doing business” in New York.Y.

2d 533. 785 (S.E.).Y. 481. we reject each of these contentions and hold that the defendants are subject to personal jurisdiction in the Southern District of New York.  The continuous presence and substantial activities that satisfy the requirement of doing business do not necessarily need to be conducted by the foreign corporation itself. 19 N.Y.P. Inc.2d 318. 716 F.Y.1985).   See.g. 763 F.N. Alexander & Alexander Servs. Inc..Y.  Gelfand v. Palmieri v. Inc.2d 851 (1967) (finding jurisdiction over foreign hotel chain based on the activities of affiliated reservations service).” Landoil Resources Corp.Y. .N.   For the reasons discussed below. but with a fair measure of permanence and continuity. 537.D. 176 N.Supp.Supp.Y. v. v. permanent. Ltd. rent. Amajac. 915 (1917)).1989).4 (1) The Agency Analysis. 793 F.Y. e..L. Tanner Motor Tours. Estefan. nor that the defendant exercised direct control over its putative agent. 220 N.. M. Inc.1990). mailing costs.1992). 267.2d 874 (1958) (holding that independent contractors with many clients are not considered agents of their individual clients for jurisdictional purposes).   In order to establish that this standard is met... a plaintiff need demonstrate neither a formal agency agreement. 281 N.2d 116. § 301 (codifying caselaw that incorporates “doing business” standard)..2d 475.Y.   We agree.g.2d 1039.1967) (applying Frummer to find jurisdiction over tour operator based on the activities of affiliated travel agent). 120-21 (2d Cir. e. a court of New York may assert jurisdiction over a foreign corporation when it affiliates itself with a New York representative entity and that New York representative renders services on behalf of the foreign corporation that go beyond mere solicitation and are sufficiently important to the foreign entity that the corporation itself would perform equivalent services if no agent were available.   See. if it does business in New York ‘not occasionally or casually.D. 4 N.   To come within the rule. 115 N. etc.S. Surf Properties. “Topor-1”. Grapsi and the Investor Relations Office devoted one hundred percent of their time to the defendants' business.   The agent must be primarily employed by the defendant and not engaged in similar services for other clients. electricity. 1043 (2d Cir... Susquehanna Coal Co.V. jurisdiction has been predicated upon activities performed in New York for a foreign corporation by an agent. e.  Both Magistrate Judge Pitman and Judge Wood found that Grapsi and the Investor Relations Office were agents of the defendants for jurisdictional purposes. see. e. related or unrelated to the New York contacts. v.   See N.E.  see also Hoffritz for Cutlery. 151 N.   Under New York law. Miller v.   The defendants fully funded the expenses of the Investor Relations Office (including salary. 227 N.g...2d 55.’ ”  Id. (quoting Tauza v. and Grapsi sought the defendants' approval on important decisions. 918 F.2d 41.Process Clause. 259.S. 385 F. New York Marine Managers..   Under well-established New York law.   In certain circumstances. Ltd.R. C. a foreign corporation is subject to general personal jurisdiction in New York if it is “doing business” in the state. see. 1182.   Their sole business function was to perform investor relations services on the defendants' behalf.E. 783. Frummer v.  “[A] corporation is ‘doing business' and is therefore ‘present’ in New York and subject to personal jurisdiction with respect to any cause of action. Hilton Hotels Int'l Inc. 58 (2d Cir. a plaintiff must show that a defendant engaged in “continuous. 1194 (S. and substantial activity in New York.   While nominally a part of Shell Oil.g.

The defendants nonetheless argue that the relationship does not meet the Frummer /Gelfand test.   They contend the services of the Investor Relations Office were not sufficiently important that the defendants would have performed them if an agent had been unavailable.   We do not find this argument persuasive.   While it is true that the Investor Relations Office was not directly involved with the core functions of the defendant's business-the operation of an integrated international oil business, its work was of meaningful importance to the defendants.   The defendants are huge publicly-traded companies with a need for access to capital markets.   The importance of their need to maintain good relationships with existing investors and potential investors is illustrated by the fact that they pay over half a million dollars per year to maintain the Investors Relations office.   In our view, the amount invested by the defendants in the U.S. investor relations activity substantially establishes the importance of that activity to the defendants. Defendants also contend that, if they were to perform the Investor Relations services themselves, it would not necessarily be in New York. The argument is extremely weak.   While of course it is true, especially given technological advances in communication, that such an office could conceivably be located anywhere in the world, the strongest indications are that the defendants selected New York as the locus of the present office because that is the most logical place for it.   Insofar as the office concerns itself with investors in the U.S. capital markets, it makes better sense to have the office in the United States, rather than in another country.   New York is widely regarded as the capital of U.S. capital markets.   It seems most likely that the Investor Relations Office established by Shell Oil for the benefit of its parents and at their insistence was established in New York City because that was the best place for such an office, and that it would most likely be located in New York City regardless whether operated directly by the defendants, by Shell Oil, or by any other agent.5  Cf. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985) (describing as “essential” element in jurisdictional inquiry the question whether “there be some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws”);  Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 2 L.Ed.2d 1283 (1958) (same);  LiButti v. United States, 178 F.3d 114, 122 (2d Cir.1999) (same). The defendants' argument is also difficult to square with the facts of the seminal agency jurisdiction cases, Frummer and Gelfand.   In those cases, the foreign corporations were not absolutely required to choose New York as the locus of their reservations services.   See generally Frummer, 19 N.Y.2d 533, 281 N.Y.S.2d 41, 227 N.E.2d 851 (involving booking agent that took reservations and performed public relations services for a foreign hotel chain);   Gelfand, 385 F.2d 116 (involving sales representative that took reservations and performed other services for out-of-state tour operator).   They could have located those operations elsewhere, either foregoing the New York market entirely or arranging to service New York customers more circuitously.   However, in both those cases the defendants chose to locate offices in Manhattan to establish easy access to New York's rich market of potential customers, see Gelfand, 385 F.2d at 121, thereby better serving their own interests.   The circumstances of the present case support the inference that the defendants made a similar calculation when they chose to locate their Investor Relations Office in New York.

(2) The Nature of the Activities of the Investor Relations Office. The defendants contend their Investor Relations Office is an activity that is “incidental” to their listing on the New York Stock Exchange.   They cite to a long stream of caselaw reaching back over a century that they argue precludes courts from considering activity “incidental” to stock market listings when evaluating whether a corporation is doing business in the state of New York. We agree that the prevailing caselaw accords foreign corporations substantial latitude to list their securities on New York-based stock exchanges and to take the steps necessary to facilitate those listings (such as making SEC filings and designating a depository for their shares) without thereby subjecting themselves to New York jurisdiction for unrelated occurrences.   See, e.g., Celi v. Canadian Occidental Petroleum Ltd., 804 F.Supp. 465, 468 (E.D.N.Y.1992);  Fowble v. Chesapeake & Ohio Ry. Co., 16 F.2d 504, 505 (S.D.N.Y.1926);  Clews v. Woodstock Iron Co., 44 F. 31, 32 (S.D.N.Y.1890);  Freeman v. Bean, 266 N.Y. 657, 657-58, 195 N.E. 368 (1935).   However, defendants misread the scope of the existing caselaw when they argue that all contacts related to stock exchange listings are stripped of jurisdictional significance.  To begin with, it is not that activities necessary to maintain a stock exchange listing do not count, but rather that, without more, they are insufficient to confer jurisdiction.   See, e.g., Pomeroy v. Hocking Valley Ry. Co., 218 N.Y. 530, 536, 113 N.E. 504 (1916) (“The payment, too, of dividends and the transfer of stock while perhaps not sufficient of themselves to constitute the transaction of business ․, doubtless are of some importance in connection with other facts.”);   Fowble, 16 F.2d at 505 (such contacts are “of some importance in determining whether the corporation [i]s doing business in the state, although such facts may not be sufficient in itself to constitute such doing of business”).   Other cases in this line imply a similar result when they suggest that jurisdiction is not available over a corporation whose only contacts with the forum are listings on the New York stock exchanges and ancillary arrangements involving the distribution of their shares.   See, e.g., Grossman v. Sapphire Petroleums Ltd., 195 N.Y.S.2d 851, 852-53 (N.Y.Sup.1959).  The Investor Relations Office conducts a broader range of activities on the defendants' behalf than those described in the cited cases as merely “incidental” to the stock exchange listing.   These activities, which range from fielding inquiries from investors and potential investors to organizing meetings between defendants' officials and investors, potential investors, and financial analysts, do not properly come within the rule upon which the defendants rely.   The defendants' Investor Relations program results not from legal or logistical requirements incumbent upon corporations that list their shares on the New York Stock Exchange, but from the defendants' discretionary determination to invest substantial sums of money in cultivating their relationship with the New York capital markets.   It appears the location of the office in New York City has far more to do with the importance of New York as a center of capital markets than with the proximity of the New York Stock Exchange.   A company can perfectly well maintain a listing on the New York (or any other) Stock Exchange without maintaining an office nearby to cultivate relations with investors. In summary, the large body of caselaw the defendants point to at most stands for the proposition that, absent other substantial contacts, a company is not “doing business” in New York merely

by taking ancillary steps in support of its listing on a New York exchange.   The activities chargeable to the defendants go well beyond this minimum.   We conclude that the activities of the Investor Relations Office go beyond the range of activities that have been held insufficient to subject foreign corporations to the jurisdiction of New York courts. (3) The Sufficiency of Contacts  The defendants further contend that the activities of the Investor Relations Office are quantitatively insufficient to confer jurisdiction.   See Landoil, 918 F.2d at 1043 (requiring “continuous, permanent and substantial activity”) (quoting Weinstein, Korn & Miller, New York Civil Practice, ¶ 301.16, at 3-32).   We find no merit to this contention.   Where, as here, plaintiffs' claim is not related to defendants' contacts with New York, so that jurisdiction is properly characterized as “general,” plaintiffs must demonstrate “the defendant's ‘continuous and systematic general business contacts.’ ”  Metropolitan Life Ins. Co. v. Robertson-Ceco Corp., 84 F.3d 560, 568 (2d Cir.1996) (quoting Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 416, 104 S.Ct. 1868, 80 L.Ed.2d 404 (1984)).   Defendants' contacts constitute “a continuous and systematic general business” presence in New York and therefore satisfy the minimum contacts portion of a due process analysis.  Citing to a string of cases holding that solicitation of business plus minimal additional contacts satisfies Section 301, Judge Wood characterized the activities of the Investor Relations Office as satisfying the test of “solicitation plus.”   The defendants dispute this characterization, arguing that Grapsi did not perform “solicitation” because he did not offer to buy or sell any stock in the corporation.   As Judge Wood noted, however, a finding of “solicitation” in the jurisdictional context does not necessarily require “solicitation” in the sense of an offer of contract.   Rather, the central question is whether the defendant (or its agent) behaved in such a way so as to encourage others to spend money (or otherwise act) in a manner that would benefit the defendant.   Cf., e.g., Landoil, 918 F.2d at 1044 (trips to New York to service existing accounts constitutes “solicitation”).   Judge Wood's characterization of the Investor Relations Office's activities as “solicitation” appears to be a sound interpolation of pre-existing precedent into a new factual context.   However, we need not rely upon such a characterization to support general jurisdiction in this case, because even without relying on the “solicitation plus” formulation, the activities of the Investor Relations Office meet the “doing business” standard.   In assessing whether jurisdiction lies against a foreign corporation, both this court and the New York courts have focused on a traditional set of indicia:  for example, whether the company has an office in the state, whether it has any bank accounts or other property in the state, whether it has a phone listing in the state, whether it does public relations work there, and whether it has individuals permanently located in the state to promote its interests.   See, e.g., Hoffritz for Cutlery, 763 F.2d at 58;  Frummer, 19 N.Y.2d at 537, 281 N.Y.S.2d 41, 227 N.E.2d 851.   The Investor Relations Office, whose activities are attributable to the defendants under the Frummer analysis, meets each of these tests.   It constitutes a substantial “physical corporate presence” in the State, permanently dedicated to promoting the defendants' interests.  Artemide SpA v. Grandlite Design & Mfg. Co., 672 F.Supp. 698, 703 (S.D.N.Y.1987);  see also, e.g., Lane v. Vacation Charters, Ltd., 750 F.Supp.

  They have a physical presence in the forum state. which has a very significant presence in New York. and the events in question did not occur in New York).g. 84 F.”  Robertson-Ceco Corp.1999).   The defendants control a vast.   We agree with Judge Wood that the continuous presence of the Investor Relations program in New York City is sufficient to confer jurisdiction. Inc. and are the parent companies of one of America's largest corporations. e. 918 F. the defendants argue that it would violate the fairness requirement of the Due Process Clause for a New York court to exercise jurisdiction over them. 125 (S. have a four-decade long relationship with one of the nation's leading law firms.1997) (internal quotations omitted).3d at 568 (internal quotations omitted). have access to enormous resources. 119 F. VV Publ'g Corp..  While it is true that certain factors normally used to assess the reasonableness of subjection to jurisdiction do favor the defendants (they are foreign corporations that face something of a burden if they litigate here. is a major world capital which offers central location. have litigated in this country on previous occasions.  As noted above. the defendant must come forward with a “compelling case that the presence of some other considerations would render jurisdiction unreasonable. Kernan v.   See.. 240 (2d Cir.3d 236. 1027 (2d Cir..”). Forum Non Conveniens .N. 175 F.   cf. “renting a hotel room ․ on a systematic and regular basis might be the functional equivalent of an office in New York and therefore might be sufficient to establish presence within the state”). we disagree..D.  Landoil.   The defendants have not made any such compelling showing here. where the trial would be held. (4) Fairness Finally.3d 1018. 10 (noting that while periodic business trips to New York to solicit business did not confer jurisdiction.   The required due process inquiry itself has two parts:   whether a defendant has “minimum contacts” with the forum state and whether the assertion of jurisdiction comports with “traditional notions of fair play and substantial justice-that is whether ․ [the exercise of jurisdiction] is reasonable under the circumstances of a particular case.Y. wealthy.120. litigation in New York City would not represent any great inconvenience to the defendants. furthermore.   Again. the defendants' contacts go well beyond the minimal. Kurz-Hastings. in making the constitutional analysis once a plaintiff has made a “threshold showing” of minimum contacts.2d at 1045 n.   We conclude that the inconvenience to the defendants involved in litigating in New York City would not be great and that nothing in the Due Process Clause precludes New York from exercising jurisdiction over the defendants. easy access.1990) ( “Perhaps the most important factor needed for a finding of jurisdiction under CPLR § 301 is the in-state presence of employees engaged in business activity.   As a general rule. face little or no language barrier.”   Chaiken v. New York City. and extensive facilities of all kinds. B.  Personal jurisdiction may be exercised only when (1) the State's laws authorize service of process upon the defendant and (2) an assertion of jurisdiction under the circumstances of the case comports with the requirements of due process. and far-flung business empire which operates in most parts of the globe.

  Plaintiffs appeal from the decision of the district court to dismiss for forum non conveniens. with limited exceptions. Co. Cas. e. 254 n.  see also Gilbert.”  Gilbert.S. 1067 (1947).”  R. 138 F.Ct.S.”  PT United Can Co.S. 839. Peregrine Myanmar Ltd. 67 S.. v.  Gulf Oil Corp. v. Chem. as a matter of law..g.G. 70 L. 839.3d 142. Maganlal & Co.. 454 U.Ed. on comity grounds. courts engage in a two-step process:  The first step is to determine if an adequate alternative forum exists.   The defendant made no such undertaking concerning the act of state doctrine. 1055 (1947).. American Lumbermens Mut. 91 L.S. 235.   See.   Under these cases. Segal. the consideration of certain claims arising out of the official actions of foreign governments. Reyno. 91 L. at 508. they dispute the adequacy of a British forum. v. forum non conveniens is a discretionary device permitting a court in rare instances to “dismiss a claim even if the court is a permissible venue with proper jurisdiction over the claim. 252. 22. e.  “[T]he plaintiff's choice of forum should rarely be disturbed.g. 67 S.2d 419 (1981)..   We believe that.Ct. the district court did not accord proper significance to a choice of forum by lawful U.S. id.  Koster v. 224 F.Ct.7  The act of state doctrine bars.  Gilbert. resident plaintiffs or to the policy interest implicit in our federal statutory law in providing a forum for adjudication of claims of violations of the law of nations. 67 S.   If so. 67 S.g. Co. On appeal.   It is not clear in any event what significance to accord to such undertakings.   As to the first prong.1996).. M.Ed. 501. 46 (2d Cir. v.  In 1947.S. the doctrine of double accountability states that. the defendants undertook not to invoke either double actionability or transmissibility to block the plaintiffs' claims in a British court.3d 41..2d at 167. 144-45 (2d Cir.   In assessing whether forum non conveniens dismissal is appropriate. 67 S. at 506-07. 942 F.2d 164.   See. 839. v. e. and the act of state doctrine-would potentially bar a British court from reaching the subject matter of this dispute. at 508-09.2000) (quoting R.1998). a court may well follow the doctrine .S. 828. 330 U.   The deference accorded to a district court's discretion.Ct.   As the parties' experts describe the British law.   See.   As the policies underlying the act of state doctrine are grounded not in the rights of the parties but in comity among nations.6  The doctrine of transmissibility holds that the question whether a decedent's claims transfer to his survivors is determined by the law of the decedent's nation. 839.1991)). however. 67 S.3d 65.   The grant or denial of a motion to dismiss for forum non conveniens is generally committed to the district court's discretion. presupposes that the court used the correct standards prescribed by the governing rule of law.Ct. Gilbert. InterContinental Hotels Corp. in balancing the competing interests. 330 U.Ed.Ct. courts must then balance a series of factors involving the private interests of the parties in maintaining the litigation in the competing fora and any public interests at stake. plaintiffs challenge both prongs of the district court's finding. Piper Aircraft Co. 102 S. 330 U. Crown Cork & Seal Co. 518. 330 U. 167 (2d Cir. 839. at 507. the Supreme Court handed down a pair of decisions laying out the framework for forum non conveniens analysis that the federal courts follow to this day. transmissibility. torts committed in other countries are actionable in England only if they would be actionable under both English law and the law of the country in which the act was committed. 73 (2d Cir. 89 F. because three doctrines of English law-double actionability. 330 U. Maganlal & Co.Ct.   See Guidi v. 942 F..8 At oral argument in this court.   The defendant has the burden to establish that an adequate alternative forum exists and then to show that the pertinent factors “tilt[ ] strongly in favor of trial in the foreign forum.

and (3) the factors that led the district court to dismiss in favor of a British forum were not particularly compelling. 327 U. Co.   We regard the British courts as exemplary in their fairness and commitment to the rule of law. We need not resolve these issues. 102 S.. As to the act of state doctrine. In our view.1993) (“[T]here is ․ a strong presumption in favor of a plaintiff's choice of forum. Gilbert. 681. 66 S.3d at 74 (foreign forum still “adequate” alternative forum for RICO action despite absence of similar conspiracy statute).”).  cf. (2) the interests of the United States in furnishing a forum to litigate claims of violations of the international standards of the law of human rights. furthermore.   Furthermore. 22. Maganlal & Co. 678. 454 U. v.2d at 167 (as plaintiff's choice of forum is entitled to deference. we assume arguendo that there are no rules of British law that would prevent a British court from reaching the merits. the doctrine of forum non conveniens contemplates the dismissal of lawsuits brought by plaintiffs in their favored forum in favor of adjudication in a foreign court. regardless whether the defendant raised an argument based on these doctrines. as to double actionability and transmissibility. at 254 & n. the parties vigorously dispute whether the doctrine has broader contours in the British courts than in the United States. 942 F. 939 (1946) (plaintiff is “master” of his or her own lawsuit). forum non conveniens dismissal is only permissible where the relevant considerations “tilt[ ] strongly in favor of trial in the foreign forum”). 252 (noting that rules of law less favorable to the plaintiff rarely affect the threshold inquiry into whether alternative forum is “adequate”). that availability of an adequate alternative forum focuses on the quality of the forum and its commitment to the rule of law and not on differences in substantive or procedural law between the competing fora that might influence the outcome of the trial.  Bell v. (1) Deference to the Choice of a United States Forum by a Lawful United States Resident Plaintiff   By definition.S. a plaintiff's choice of forum is entitled to substantial deference and should only be disturbed if the factors favoring the alternative forum are compelling. e. 138 F. 90 L. 839 (“[A] plaintiff's choice of forum should rarely be disturbed.  PT United Can.   Also.Ct.   We believe the order of dismissal must nonetheless be reversed as the defendants have not established as Gilbert requires that the pertinent factors tilt sufficiently strongly in favor of trial in the foreign forum.Ed. Linter Group Ltd.  Allstate Life Ins. we believe that they are outweighed by the considerations favoring exercise of the court's jurisdiction.  R.   For the reasons developed below. 1001 (2d Cir. .Ct.S at 508.   Nonetheless..   See. the British courts might well follow British law to determine whether an action lies and whether the plaintiff has standing to bring it.Ct.”).g. 994 F. Hood.regardless whether it was advanced by the party to be benefitted.S. 330 U. 67 S.   The defendants argue.   See Piper. 773..2d 996. the district court failed to give weight to three significant considerations that favor retaining jurisdiction for trial:  (1) a United States resident plaintiff's choice of forum.

Ct. 654 F. British Broad.g. 252.3d 287.   Cf. 81 F. residents. but “ ‘residence is. at 255 n.2d at 155 (forum non conveniens should not be conditioned solely upon residence. even when the plaintiff is .S..2d 147.S. 654 F. an important factor to be considered’ ”) (quoting Silver v.S.S.   See.  see also Piper.  Piper. at 524. 828).. 330 U. 454 U.Ct.Y.S. see id. forum by U. Murray v. pragmatic application” of the Gilbert factors to actions in which a plaintiff has particular ties to the forum state. at 157.  Alcoa S.3d at 290. 67 S. 454 U. 252 (noting that the choice of a forum by its citizens and residents is entitled to greater deference than a stranger's choice). Alcoa. 81 F.Ct.S. resident plaintiffs when evaluating a motion to dismiss for forum non conveniens. That is the case not because of chauvinism or bias in favor of U.. 102 S.S.S. we rejected the proposition that courts must accord “a talismanic significance to the citizenship or residence of the parties.1980) (in banc). 67 S.   See.2d at 152-53 (noting existence of treaties requiring “no less favorable” treatment of foreign nationals).S.2d 398. Our earlier inbanc decision in Alcoa. e.  Koster. at 524.   In a decision handed down since oral argument in this case. and held that “citizenship [and] residence no longer are absolutely determinative factors. 102 S. while our courts are of course required to offer equal justice to all litigants.” id. they illustrate the manner in which a court must take into account the hardship dismissal would cause to a resident plaintiff when evaluating the Gilbert factors.2d 619 (1972)).   Also.  in the words of this court the cited cases represent a “consistent. 23. During the last two decades. a neutral rule that compares the convenience of the parties should properly consider each party's residence as a factor that bears on the inconvenience that party might suffer if required to sue in a foreign nation.2d 147. in the forum non conveniens analysis.S. is not to the contrary. 361. 290 (2d Cir. 224 F. we overturned a forum non conveniens dismissal in a case brought by a United States citizen involving events occurring outside the United States where the defendant was unable to “ ‘establish such oppressiveness and vexation ․ as to be out of all proportion to plaintiff's convenience’ ” and where there were no compelling public interest considerations favoring litigation in the alterative foreign forum. 29 N. e.S.3d at 145-46 (quoting Koster. and a plaintiff's lawful U.2d 356.1996) (holding that a domestic plaintiff's choice of forum is entitled to more deference than a foreign plaintiff's).. of course.  These cases do not reflect a rigid rule of decision protecting U.. v. 23. citizen or resident plaintiffs from dismissal for forum non conveniens. Corp. 654 F. that deference increases as the plaintiff's ties to the forum increase.   It is rather because the greater the plaintiff's ties to the plaintiff's chosen forum.” id. M/V Nordic Regent. 328 N. Murray. forum.  Guidi.Ct.   Alcoa requires that we apply the Gilbert factors in evaluating a forum non conveniens motion.”).   In that case. our caselaw and that of the Supreme Court has clearly and unambiguously established that courts should offer greater deference to the selection of a U.   Rather. at 154.   The Gilbert test requires a balancing of factors.g. residence can be a meaningful factor supporting the plaintiff's choice of a U. 152 (2d Cir. Co. 330 U. 654 F. 278 N. at 255 n. 828 (“[A] real showing of convenience by a plaintiff who has sued in his home forum will normally outweigh the inconvenience the defendant may have shown.S. While any plaintiff's selection of a forum is entitled to deference. the more likely it is that the plaintiff would be inconvenienced by a requirement to bring the claim in a foreign jurisdiction.E.Y. Great American Insurance Co.

526 U.  see also Piper. 330 U.S. denied. 611-12 (2d Cir. citizenship and residence is entitled to consideration in favor of retaining jurisdiction.Ct.Ct.S.g. Piper. as supplemented by the Torture Victim Prevention Act (TVPA).”). 828). 23. 94 L. National Westminster Bank.  Murray and Piper point to the important role the plaintiff's residence and citizenship potentially play in the Gilbert analysis.   The benefit for a U. § 1350 App.S. and that this policy interest should have a role in the balancing of the Gilbert factors. 67 S. the district court weighed against the plaintiffs that none of them were residents of the Southern District of New York but did not count in favor of their choice of a U. 252. 119 S. the district court applied an incorrect standard of law when it failed to credit the fact that two of the plaintiffs were United States residents as a consideration favoring plaintiff's choice of a U. In short.g.S. reflects a United States policy interest in providing a forum for the adjudication of international human rights abuses..2d at 198 (plaintiffs were Indian citizens and residents).S.  and Guidi illustrates that a plaintiff's U. resident plaintiff for forum non conveniens.S. at 255 n. e.9   In this case. 861.’ ”  Guidi. the plaintiffs involved were foreign corporations or foreignnational individuals residing abroad. 224 F.S. e. 102 S.S.  PT United Can. Guidi. (2) The Application of Forum Non Conveniens Doctrine to ATCA Cases   The plaintiffs also argue that the ATCA. cert. 28 U.2d 545 (1999) (real parties in interest were English corporations). in view of the plaintiff's U. forum that two of them were residents of the United States. 809 F. 70 S.Ct. such that the Gilbert factors will favor dismissal (in the absence of strong public interest factors favoring dismissal) only if the defendant can establish “ ‘such oppressiveness and vexation ․ as to be out of all proportion to plaintiff's convenience.Ed. 155 F. In all of our cases in which we have deemed a plaintiff “foreign” and accorded that plaintiff's choice of forum less deference.   We have never accorded less deference to a foreign plaintiff's choice of a United States forum where that plaintiff was a U.Ct. 102 S.L.S. Packers v. such a dismissal would cause plaintiff significant hardship.   This was error. 339 U. P. 809 F. Capital Currency Exch. in 1991. e. forum.S.3d at 74 (plaintiff was an Indonesian corporation).V.S.   In deciding whether to dismiss a case brought by a lawful U. at 524. 252 (distinguishing between “foreign” and “American” plaintiffs in explaining why greater deference is due to the forum choice of “citizens” and “residents”).S.S.1998).   See.   See.3d at 146-47 (the “home forum” of an American citizen for forum non conveniens purposes is any “United States court”). Compania Colombiana Del Caribe.  cf. residence.1987). India.   See.Ct.... Swift & Co.g. Gas Plant Disaster at Bhopal. 697.  In re Union Carbide. 684. 198 (2d Cir. resident. especially considering that the defendant may not be amenable to suit in the plaintiff's district of residence. at 255 n. .S. 143 L. 454 U. 138 F.C.a U. 23.3d at 146 (quoting Koster.C.Ed. 224 F.. resident plaintiff of suing in a U. 1459. 1067. forum is not limited to suits in the very district where the plaintiff resides.2d 195.3d 603. citizen or resident. 1206 (1950) (“[A] suit by a United States citizen against a foreign respondent brings into force considerations very different from those in suits between foreigners. 454 U.  In re Union Carbide Corp. v. the district should consider whether. N.S.

726 F.  28 U.   As the result of increasing international concern with human rights issues.  Xuncax v. District Courts to entertain suits alleging violation of the law of nations. For example. 102-367.S. e..  it simply asserted that “[t]he district courts shall have original jurisdiction of any civil action by an alien for a tort only.3d at 239-40.S.S. rape.  Tel-Oren v.C. and to expand remedy to include U. No. 72 F.” thus covering citizens of the United States as well. committed in violation of the law of nations or a treaty of the United States. Congress expressly ratified our holding in Filartiga that the United States courts have jurisdiction over suits by aliens alleging torture under color of law of a foreign nation. Filartiga v.S. that the ATCA reaches the conduct of private parties provided that their conduct is undertaken under the color of state authority or violates a norm of international law that is recognized as extending to the conduct of private parties. 887 & n. citizens).   See.  In re Estate of Ferdinand Marcos.”  28 U.S. domestic law. In passing the Torture Victim Prevention Act.C. 630 F.2d 876.   See H. 886 F.10 the 1991 Act (a) makes clear that it creates liability under U.   While the 1789 Act expressed itself in terms of a grant of jurisdiction to the district courts. the statute lay relatively dormant.  Filartiga. 21 (2d Cir.2d 876 (alleging torture by Paraguayan officials). 84. 28 U.2d at 880.C.A. 162 (D. Pena-Irala.3d 844 (11th Cir..1980) (identifying only two previous cases that had relied upon the ATCA for jurisdiction).S. we held in Kadic v. The TVPA thus recognizes explicitly what was perhaps implicit in the Act of 1789-that the law of nations is incorporated into the law of the United States and that a violation of the international law of human rights is (at least with regard to torture) ipso facto a violation of U.2d 774 (D. and that such a violation of international law constitutes a violation of the domestic law of the United States. These suits produced several important decisions interpreting the meaning and scope of the 1789 Act. this court held that deliberate torture perpetrated under the color of official authority violates universally accepted norms of international human rights law. of any foreign nation” an individual is subject to torture or “extra judicial killing. e.1995) (alleging torture. 884-86. 630 F.The Alien Tort Claims Act was adopted in 1789 as part of the original Judiciary Act.3d 1467 (9th Cir. 70 F. however.  Kadic v. 70 F.S. litigants have recently begun to seek redress more frequently under the ATCA. we believe plaintiffs make a strong argument in contending that the present law.   For almost two centuries. Karadzic. in 1991. In its original form. Libyan Arab Republic.C.1994) (alleging torture and other abuses by former President of Phillippines)..N. 25 F. reprinted in 1992 U.Mass. it made no assertion about legal rights. supporting jurisdiction in only a handful of cases.g. Whatever may have been the case prior to passage of the TVPA. Gramajo.   More recently. 86 (noting that purposes of TVPA are to codify Filartiga.C. 245. expresses a policy favoring . to alleviate separation of powers concerns.Rep.1995) (alleging abuses by Guatemalan military forces). Karadzic. law where under “color of law. in addition to merely permitting U. in Filartiga v. Pena-Irala.1996) (alleging torture of Ethiopian prisoners). Negewo. § 1350. giving rise to a claim under the ATCA whenever the perpetrator is properly served within the borders of the United States. at 4 (1991).” 11 and (b) extends its remedy not only to aliens but to any “individual. § 1350 App. See.3d 232 (2d Cir.C.1984) (alleging claims against Libya based on armed attack upon civilian bus in Israel). 630 F. and carried it significantly further.Cir. and other abuses orchestrated by Serbian military leader).S. Abebe-Jira v. § 1350 App.Supp.g.R.

such suits may embarrass the government of the nation in whose courts they are brought.   Although a forum non conveniens dismissal by definition presupposes the existence of another forum where the suit may be brought.   Courts are often inhospitable.  second is the change from the ATCA's description of the claim as one for “tort ․ committed in violation of the law of nations ․” to the new Act's assertion of the substantive right to damages under U.   Indeed.”   We expressed “no view” on the question but directed the District Court to consider the issue on remand. because characteristically neither the plaintiffs nor the defendants are ostensibly either protected or governed by the domestic law of the forum nation. see Jota. In this case. courts. law. courts often regard such suits as “not our business. in many instances.   This passage supports plaintiffs' contention that in passing the Torture Victim Prevention Act.   In addition.S. Dismissal on grounds of forum non conveniens can represent a huge setback in a plaintiff's efforts to seek reparations for acts of torture.N.   This evolution of statutory language seems to represent a more direct recognition that the interests of the United States are involved in the eradication of torture committed under color of law in foreign nations.   If in cases of torture in violation of international law our courts exercise their jurisdiction conferred by the 1789 Act only for as long as it takes to dismiss the case for forum non conveniens. at 85..receptivity by our courts to such suits.1998). and difficult to administer. . 159 (2d Cir.3d at 158-59.   Two changes of statutory wording seem to indicate such an intention.3d 153.   Finally.   House Report at 3.   Most likely. Texaco. law favoring the adjudication of such suits in U. burdensome.S. because they assert outrageous conduct on the part of another nation. Congress has expressed a policy of U.  Id. One of the difficulties that confront victims of torture under color of a nation's law is the enormous difficulty of bringing suits to vindicate such abuses. 157 F. the victim would be endangered merely by returning to that place.   Such suits are generally time consuming.   First is the change from addressing the courts' “jurisdiction” to addressing substantive rights. Inc. we recognized the plaintiff's argument that “to dismiss ․ [a claim pursuant to the ATCA under forum non conveniens ] would frustrate Congress's intent to provide a federal forum for aliens suing domestic entities for violation of the law of nations.” The new formulations of the Torture Victim Protection Act convey the message that torture committed under color of law of a foreign nation in violation of international law is “our business.C.   It is not easy to bring such suits in the courts of another nation. we will have done little to enforce the standards of the law of nations. the issue is again advanced (in slightly different form.   In the legislative history of the TVPA. which will generally at least require the plaintiff to obtain new counsel. Congress noted that universal condemnation of human rights abuses “provide[s] scant comfort” to the numerous victims of gross violations if they are without a forum to remedy the wrong.C. 1992 U.12 In Jota v.A. the victims cannot sue in the place where the torture occurred. as Jota did not involve torture and the defendants in this case are not domestic entities).S.S. dismissal nonetheless requires the plaintiff to start over in the courts of another nation. 157 F. as well as perhaps a new residence.” as such conduct not only violates the standards of international law but also as a consequence violates our domestic law.

3d at 46.. in providing a forum for the adjudication of claims of torture in violation of the standards of international law. the conclusions of the district court in deciding whether to dismiss for forum non conveniens are given substantial deference and are not overturned except on a finding of abuse of discretion.2d at 167). site of plane crash).. 252 (plane crash in Scotland).This is not to suggest that the TVPA has nullified. the Magistrate Judge. In our view. 942 F. 102 S. Maganlal & Co. the defendants have offered only minimal considerations in support of an English forum. at 242-43.g. e.   The TVPA in our view expresses a policy favoring our courts' exercise of the jurisdiction conferred by the ATCA in cases of torture unless the defendant has fully met the burden of showing that the Gilbert factors “tilt[ ] strongly in favor of trial in the foreign forum. sustain the dismissal notwithstanding our identification of interests in favor of retention that the district court did not consider. and (b) the court failed to count in favor of retention the interest of the United States. 454 U. 942 F.   The statute has.   This is not a case like Piper where there is an obviously better suited foreign forum for the adjudication of the dispute. the doctrine of forum non conveniens.   We believe the rule of law applied by the district court was faulty. Peregrine Myanmar Ltd.2d 195 .Ct. Maganlal & Co. e.   On the other hand. and the inconvenience to the defendants that ultimately justified the dismissal seems to us to have been minimal.S.. 224 F. (3) The Forum Non Conveniens Analysis in this Case   We turn to the analysis of the forum non conveniens factors in their application to this case. the same deference does not apply.   Furthermore. however.. communicated a policy that such suits should not be facilely dismissed on the assumption that the ostensibly foreign controversy is not our business. as expressed in the TVPA. e. as noted above. The issue of forum non conveniens is not settled by adding to the mix the considerations favoring retention arising from the U. residence of two of the plaintiffs and the policy expressed in the TVPA favoring adjudication of claims of torture in violation of international law.2d at 167.   Nor does it involve substantial physical evidence that is difficult or expensive to transport. id.. at 238-39. if the defendants interests were sufficiently substantial. 809 F. 252 (dismissal of case so that it could be litigated in Scotland. where the district court has not applied the correct rule of law.3d at 145 (appellate review encompasses “ ‘whether the district court reached an erroneous conclusion on ․ the law’ ”) (quoting R..g.   If the defendants advanced substantial interests supporting dismissal in favor of a British forum we would either remand to the district court for reconsideration or.S. gave no consideration to the very substantial expense and inconvenience (perhaps fatal to the suit) that would be imposed on the impecunious plaintiffs by dismissal in favor of a British forum. in the following respects:  (a) The district court counted against retention of jurisdiction that the plaintiffs were not residents of the Southern District of New York while failing to count in favor of retention that two of the plaintiffs were residents of the United States.   See. 102 S.   Cf.   See.  In re Union Carbide. 89 F.”  R. or even significantly diminished.Ct. Ordinarily. however.g.   See Piper. Guidi.. whose findings were adopted by the district court.

  These considerations cannot justify overriding the plaintiffs' choice of forum. the defendants bear the burden of establishing that the Gilbert factors “tilt[ ] strongly in favor of trial in the foreign forum. and (4) the policy expressed in the TVPA favoring adjudication of claims of violations of international prohibitions on torture.   In particular. Maganlal & Co.13 (3) the policy favoring our court's retention of such suits brought by plaintiffs who are residents of the United States. (2) the enormous burden. Generali Belgium.  and (2) Nigeria was at the time of the actions in question a member of the Commonwealth of Nations. expense. the inconvenience of a trial in New York is not significantly more pronounced than the inconvenience of a trial in England. but Dutch. 942 F. the United States courts have an interest in adjudicating matters affecting its residents. they are not overriding.   These factors are more than sufficient to overcome the defendants' weak claim for dismissal based on forum non conveniens. 632 F.   The factors weighing against dismissal include (1) the substantial deference courts are required to give to the plaintiff's choice of forum..  Calavo Growers of California v. and difficulty the plaintiffs would suffer if required to begin the litigation anew in England.   Also. the second defendant is not British. 969 (2d Cir.”  R. defendants rely upon arguments such as the inconvenience of shipping documents from England to the United States and the additional cost for a Nigerian witness of flying to New York rather than London.1980) (Newman.”).   We believe they have failed as a matter of law to meet this burden. concurring) (“It will often be quicker and less expensive to transfer a witness or a document than to transfer a lawsuit.   For any nonparty witnesses. In order to be granted dismissal based on forum non conveniens. Defendants argue that England has a public interest in adjudicating this action. it never considered the defendants' motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim.   These considerations are indeed a legitimate part of the forum non conveniens analysis.2d 963.2d at 167. and (b) the additional cost and inconvenience to the defendants of litigating in New York is fully counterbalanced by the cost and inconvenience to the plaintiffs of requiring them to reinstitute the litigation in England-especially given the plaintiffs' minimal resources in comparison to the vast resources of the defendants. but (a) the defendants have not demonstrated that these costs are excessively burdensome.   Although these factors do bear consideration.   Because the district court dismissed for forum non conveniens.   The fact that Nigeria was at the time a member of the voluntary consortium of nations constituting the Commonwealth is of no particular significance.15  We remand for consideration of that motion.   To the same extent that England may have an interest in adjudicating matters affecting a British corporation. while one defendant is a British corporation whose actions are governed by British law. In arguing that England is a more appropriate forum. they argue that (1) Shell Transport is a British corporation whose liability for the actions of its subsidiary is likely to be governed by British law.(environmental disaster in India).. J.14 We therefore remand to the district court for further proceedings. especially in view of the defendants' vast resources. cf. CONCLUSION .

Bartle and the Commissioner of Police for the Metropolis and Others Ex Parte Pinochet and Regina v. 1999) (appeals from divisional courts of the Queen's Bench Division). forum may be appropriate if defendant presents a “clear showing of facts which ․ . 5. the House of Lords decided the twin appeals arising out of the arrest of Chilean Senator and former General Augusto Pinochet.   Subsequent to the briefing in this case.  investors may purchase American Depository Receipts (ADR's) for shares of Shell. (12th ed. Conflict of Laws 1480 et seq.S.B. Luthor v. citizen seeking to invoke a U.  Because we hold that jurisdiction is properly exercised over the defendants on the basis of the activities of the Investor Relations Office.S.   See. we do not reach any of the other jurisdictional issues raised by the plaintiffs. and Dicey & Morris. FOOTNOTES 1. 2 & 3). 548. 6 Q. supra note 6.  For purposes of this opinion relating to jurisdiction and forum non conveniens. 1870 L. 1. Eyre.   We express no views on the merits of any of their alternative arguments. 3.g.  Shares of Royal Dutch are traded directly on the New York Stock Exchange. e. rather than shares themselves.”   See Guidi. under certain circumstances. 532.  Grapsi testified that 100 of the 140 attendees at a December 1996 investor relations meeting for financial writers and members of the international community came from New York and only five came from other locations in the United States. 24.   Shell Transport's shares are traded indirectly in the United States. 4. 1981 3 All ER 616.  The parties cite to numerous sources discussing the contours of the act of state doctrine.For the foregoing reasons.1993). Hammer (Nos. Evans and Another and the Commissioner of Police for the Metropolis and Others Ex Parte Pinochet (House of Lords Mar.B.  Dame Rosalyn Higgins. supra note 6.   See generally Regina v.  We read Guidi as allowing for the possibility that. the judgment of the district court dismissing for forum non conveniens is REVERSED. at 108-11. at 1521. 6. 224 F. Sagor 1921 3 K. v. notwithstanding the absence of “oppressiveness and vexation. we assume the truth of the allegations (while implying no views on the truth or falsity of the allegations).3d at 146 (stating the forum non conveniens dismissal against a U. 8. 7.  Buttes Gas and Oil Co. 996-97.  Dicey & Morris. Problems & Process 212 (1994).R.   The parties submitted a copy of that decision and letter briefs debating its meaning. and the case is REMANDED for further proceedings.  On transmissibility.. 2. the parties refer primarily to Phillips v. the parties refer to Dicey & Morris. the public interest factors favoring dismissal might (by themselves or in combination with inconvenience to the defendant not quite rising to the level of “oppressiveness and vexation”) be strong enough to justify dismissal.  Owens Wiwa has since moved to Canada.  On the doctrine of double actionability. 9.

1992) (approving district court procedure .Ct. concurring).2d at 503 (9th Cir. 10. one 1995 article suggests that the statute was intended to remedy a single problem:  torts committed by the crews of vessels in the course of stopping and boarding ships suspected of aiding the enemy in a time of war.Rep. 84. see H.   See Tel-Oren.R. the degree of inconvenience that dismissal would impose on a U. concurring) (suggesting that.C. 102-367. depending on the particular circumstances.   While they may well be right that such a principle is implicit in the ATCA. 74 F. while international law triggers jurisdiction under ATCA.S. 445 (1995).  reprinted in 1992 U. L. J.” except where the context makes clear the more limited meaning is intended. A Tort Only in Violation of the Law of Nations.g. 978 F. at 4 (1991). 378 (2d Cir.2d at 782-83 (Edwards. 86.S.   For example. the federal courts have never definitively resolved this choice-of-law question. 886 F..2d at 777.   Whatever the intent of the original legislators (a matter that is forever hidden from our view by the scarcity of relevant evidence). tort laws of forum state might provide substantive causes of action)..   We reached the conclusion that such claims are properly brought under the Act in Filartiga. Karadzic. 11. the text of the Act seems to reach claims for international human rights abuses occurring abroad.C.make trial in the chosen forum inappropriate because of considerations affecting the court's own administrative and legal problems” (quoting Koster..Rev.N.   The Act has no formal legislative history. 330 U.  Filartiga remains the leading case interpreting the ATCA. 781-82 (Edwards.”  Id. 18 Hastings Int'l & Comp. Guidi's focus on the balancing of defendant's inconvenience against plaintiff's implicitly recognizes that.   Compare Xuncax.S. Judge Edwards suggested that the statute was originally motivated by a desire to insure that claims by an alien against U.  Congress ratified our conclusion by passing the Torture Victim Protection Act.A.”   28 U. As Judge Newman stated four years ago. 67 S. 726 F.S.  The original purposes of the ATCA remain the subject of some controversy. 828)). see. citizens or for incidents occurring in the United States were litigated in federal court rather than state court.2d at 880. J.S.   Furthermore.  “Extra judicial killing” is defined as “a deliberated killing” not authorized by the judgment of a court “affording all the judicial guarantees which are recognized as indispensable by civilized peoples.   In arguing for this principle.C.1996) (opinion denying rehearing) (rejecting argument that new scholarly evidence precludes broad interpretation of ATCA).S.   In the most learned exposition of the statute's original purposes. and In re Estate of Ferdinand Marcos.Supp. at 524. 12. resident will vary. “[w]e have neither the authority nor the inclination to retreat from that ruling. we use the word “torture” to include both torture and “extra judicial killing. 726 F. 630 F.  Plaintiffs argue that these statutes also raise a related but distinct U. No. § 1350 App. at 180-83 (holding that international law provides substantive law for ATCA cases) with Tel-Oren.  and we have since reaffirmed our conclusion. In this opinion. e.   See Joseph Modeste Sweeney.3d 377. they assume that the law of nations necessarily provides the substantive standards for evaluating claims brought under the ATCA in situations where the underlying claims involve human rights abuses.   Some scholars have suggested that the Act's original purpose may have been even narrower. Kadic v. so as to prevent the states from mishandling such cases and creating international incidents. policy interest in insuring that claims arising out of human rights abuses are adjudicated according to the standards of international law.

  Requiring the plaintiffs to replicate them in the British courts would substantially increase their burden. we need not remand for consideration of this question.   Although the district court did not rule on the defendants' request for dismissal in favor of a Dutch forum.   The plaintiffs have already obtained excellent pro bono counsel to litigate this matter in the courts of the United States. the plaintiffs and their attorneys have already made substantial investments of time.2d at 889 (holding that ATCA establishes cause of action for violations of international law but requiring the district court to perform a traditional choice-oflaw analysis to determine whether international law.   Nonetheless.S.  see also Filartiga. because dismissal in favor of trial in the Netherlands would share the disadvantages that have led us to reject the dismissal in favor of trial in England.  As the Magistrate Judge noted in his report. 13. rather than focusing his consideration of the convenience factors almost entirely on the convenience of the defendants. money. however.that based jurisdiction on international law but applied tort law of state where underlying events occurred). we believe that the Magistrate Judge should have given greater consideration to the burden on the impecunious plaintiffs.  Defendants also urged below that the Netherlands was an adequate alternative forum and more convenient than the United States. 15.   there is no guarantee that they will be able to obtain equivalent representation in England without incurring substantial expenses. law of forum state.   For these reasons. .   The record.  The other considerations favoring retention of jurisdiction sufficiently outweigh the defendants' claim for dismissal that we would reach the same result without consideration of the policy interest we have found to be expressed by the TVPA.   Because our decision regarding the forum non conveniens dismissal is based on other grounds. the plaintiffs lack meaningful financial resources and will be substantially burdened by the expense of bringing this litigation in England. and energy in pursuing this litigation in the U. 14. 630 F. or law of state where events occurred should provide substantive law in such an action). he concluded that the plaintiffs' lack of resources is a “neutral factor” because the plaintiffs have not established that it will be less expensive to try the case in New York than in England. courts.   The cost and difficulties of relocating themselves to England for the duration of the litigation is likely to be onerous. we need not reach this question.   Finally.   Two of the plaintiffs lived in the United States when the action was brought. contains substantial evidence that trial in New York will be less expensive and burdensome for the plaintiffs.